WELCOME GUIDE NEW


Dear Customer,
We are thrilled to welcome you to the Wilson Bank & Trust (WBT) family!
As we take this exciting step in our journey together, we want to assure you that our commitment to providing exceptional customer service and strengthening our community relationships remains unwavering.
With the recent purchase of the F&M Bank location in Cookeville, we are excited to serve you at two convenient locations in Putnam County. We have been proudly serving you, and your neighbors, in this community for over a decade. We look forward to continuing that commitment.

We know transitions can sometimes be overwhelming, so we’ve worked hard to ensure that this process is as smooth as possible. With you in mind, we have worked diligently to ensure account information, contact information, and familiar faces stay consistent.
We understand that the details of this transition are important, which is why we’ve put together this comprehensive welcome packet. It contains all the information you’ll need to make this process as simple and transparent as possible, including the new terms and conditions and disclosures for your accounts. We want you to feel confident and well-informed every step of the way, and our team is here to help you with any questions or concerns you might have.
As a locally owned and independent bank since 1987, WBT is built on a foundation of personalized service, community-focused banking solutions, and a genuine commitment to the financial well-being of our customers. With 31 branches across ten counties in Tennessee, we pride ourselves on being your neighbors, not just your bank. We’re here to help you thrive, and we are excited to be part of your financial journey.
As we approach the conversion date on April 25, 2025, we will be here to guide you through every step to ensure everything goes smoothly.
Your satisfaction is our top priority, and we are grateful for the opportunity to serve you. If you have any questions or would like to learn more about WBT, please don’t hesitate to reach out to us at (931)525-5626.
Again, it’s my pleasure to welcome you to Wilson Bank & Trust. We are here to get you there.
Warm regards,

John McDearman CEO, Wilson Bank & Trust





Temporary Service Interruptions
Please
F&M Debit Cards will be deactivated on Thursday, April 24 at 11:59 PM.
Debit Card Information
Personal and Business Mastercard® Debit Cards
If you currently have a debit card for your personal and/or business accounts, you will be mailed a new WBT CONTACTLESS MasterCard® Debit Card. This card will arrive approximately one week before the conversion weekend with your new card number.

If you use your current debit card for recurring payments such as phone or utility bills, your existing card will continue to work to process recurring payments through Friday, April 25, but you will need to contact those companies to provide them your new debit card information once available.

IMPORTANT: Your new MasterCard® Debit Card will arrive by mail by April 22, 2025 in an unmarked envelope. You will not be able to use this debit card for point-of-sale purchases or ATM withdrawals until 5:00 AM on April 25, 2025. No activation will be required to begin usage on April 25.
Once active, your new debit card will have the following transaction limits during conversion weekend:
• $500 for ATM withdrawals, total for conversion weekend
• $1,000 for point-of-sale purchases, total for conversion weekend. Consideration for higher limits will be reviewed on a case-by-case basis. Contact your current office if you need consideration for an exception.
Please note, our standard debit card limits once conversion weekend is over are $500 per day for ATM withdrawals and $2,500 per day for point-of-sale purchases.
As a precaution, please be prepared to utilize other forms of payment through the weekend of Friday, April 25.
After the conversion, we will have the ability to issue instant debit cards within our branches at the time of account opening or if current cards are lost, stolen or otherwise need to be replaced.
Digital Banking Solutions
Personal Online Banking
Online banking services will be offline during the conversion weekend from Friday, April 25 at 5:00 PM and restored on Monday, April 28. If you have opted-in to receive electronic statements, please obtain copies of your statements before conversion weekend as they will not be accessible through WBT online banking once converted.
We will convert 60-days of transaction history for online banking customers. eStatements prior to April 25, will only be available through F&M online banking for 60-days. Statement history prior to conversion will not be available in WBT online banking.
IMPORTANT: You will need to self-enroll in Online Banking beginning on April 28.
eStatements will not carry over after conversion. You will need to re-enroll in eStatements through WBT Online Banking or the WBT Mobile App. If you have an account with an Account Fee that is waived with eStatements, paper statements will be issued until you have re-enrolled in eStatements. $5 Account Fee will be waived for 2 Statement Cycles.
Mobile Banking
You will have full access to the WBT Mobile Banking App on, or after, April 28, 2025, in the Apple App Store and Google Play Store. Simply search ‘Wilson Bank & Trust’ in the Apple App Store and Google Play Store.
WBT Mobile App Benefits
Card Management

You will be able to set custom balance and transaction alerts as well as enable additional transactional security controls on your WBT cards from the convenience of your WBT online banking or mobile app. To set up these alerts and controls after conversion, first log in, select the account tied to the card, then select ‘card management’ and follow the on-screen prompts.
Remote Deposit
Skip the trip to a WBT Office and make fast, secure deposits from almost anywhere with our Mobile App and your mobile device camera.
• Log In to WBT Mobile App
• Select ‘Deposit Checks’ from Menu
• Press ‘Deposit a Check’
• Enter the check amount and select ‘Continue’
• Select the deposit account
• Follow prompts to take a photo of front and back of check, being sure to endorse the check as indicated
Mobile Pay and Digital Wallet
Your new debit card will be supported on mobile and digital wallets including Apple Pay, Google Pay and Samsung Pay. These tools offer point-of-sale convenience for rapid and secure check out from your digital wallet or using your mobile device or smartwatch.

Business Online Banking


Business online banking services will be offline during the conversion weekend from Friday, April 25 at 5:00PM. If currently using business online banking, a WBT representative will be in contact to assist in enrollment as part of our onboarding process. If you are not currently using online banking and would like to or need immediate assistance, please contact us at 615-449-3632.
If you have opted-in to receive electronic statements, please retain copies of your statements for all of 2023 and 2024 as they may not be accessible. F&M will retain historical data in online banking for 60-days after conversion.
Digital Banking Solutions Cont.
Text Banking
Text banking is a simple way to access account balance and transaction information quickly. Beginning Monday, April 28, you can access your account information by text. Visit wilsonbank.com/personal/mobilebanking for more information. Wireless carrier data rates may apply.
Bill Pay Limits
If you currently use bill pay services, the payees that you have set up will not automatically be moved over to our system.
IMPORTANT: Bill payments must be initiated 2-3 business days prior to payment due date for electronic delivery and 7-10 business days prior to payment for paper check delivery. The following limits will be applied to bill payments.
• Consumer Bill Pay Limits:
• Pay-A-Person- Electronic (Direct Deposit) $1,700 per transactions/$3,400 per day
• Pay-A-Person- Electronic (Email or Text) $2,500 per transactions per day
• Pay-A-Person- Check $99,999.99 per transaction per day
• Pay a Company – Check or Electronic - $99,999.99 per transaction per day
• Business Bill Pay:
• Outbound Transfers-$5,000 per transaction per day
• Email Payments- $2,500 per transaction/$5,000 per day
• Pay-An-Individual- $2,500 per transaction/ $5,000 per day
• Business Payment- $250,000 per day per transaction
Consideration for higher limits will be reviewed on a case-by-case basis. Contact your current office if you need consideration for an exception.
Electronic Transaction Cut Off Times
Effective Monday, April 28, 2025, the daily service cut-off times will change as follows (all times CST):
• Wires - 4:30 PM for Treasury Management customers
• ACH Origination - 3:45 PM for Treasury Management customers
• Same-Day ACH Origination - 12:00 PM for Treasury Management customers
• Remote Deposit Capture - 8:00 PM for Treasury Management customers
• Mobile Deposits - 8:00 PM
• Online Account Transfers (WBT Accounts to WBT Accounts) - 8:00 PM
Account Access & Services
Account & Routing Numbers
Your deposit account number will remain the same and will appear on your WBT statements, in online banking, and other account documents you received from us, after Sunday, April 27, unless you are notified separately by mail.
IMPORTANT: Please note that your routing number has changed. Be sure to update any automatic payments or direct deposits with your new routing information.
WBT Routing Number: 064103529
Safe Deposit Box (SDB) Account Numbers and Payments
Payment method and due date will not change. Your new SDB payment will be charged on the next billing cycle.
IMPORTANT: Your safe deposit box number will change along with payment amount.
*$5 discount for customers converting to WBT Solid Gold Checking Account, see product comparison
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Statements
You will receive a cutoff statement dated, April 25 from F&M. In May, your monthly statement will arrive on our regular schedule. You will notice statements sent after April 25 will have a different appearance and format.
eStatements
You will have the opportunity to enroll in eStatements when you first login to the online banking system. Going forward, up to 18 months of eStatements will be available following enrollment.
IMPORTANT: If you have opted-in to receive electronic statements, please retain copies of your statements for all of 2023 and 2024 as they may not be accessible. F&M will retain historical data in online banking for 60-days after conversion.
Account Access & Services Cont.
Certificate of Deposit (CD) Accounts
Your CD products will remain the same until maturity. Ten days prior to the maturity date, you will receive an automatic renewal notice by mail. You will have 10 days past maturity date to transfer, or withdraw funds. If no action is taken, your CD will automatically renew to the closest available term.
Automatic Funds Transfers
If you have an automatic funds transfer set up for your account, and the payment date falls on a weekend or holiday, your payment will be processed on the first business day following the weekend or holiday.
Checks
WBT Solid Gold Account holders will receive a free book of 25 checks via mail by April 22. All other WBT products will require the customer to call WBT Customer Solutions Center (CSC) to initiate the first order. First order will be free.
Customer Solutions Center (CSC)
The Customer Solutions Center (CSC) is here to serve as the contact center for all questions and concerns related to WBT products and services. Our team is trained and ready monitoring all channels for prompt solutions to your needs.
Standard Business Hours:
• Monday - Friday: 8:00 AM - 7:00 PM
• Saturday: 8:00 AM - 12:00 PM
Overdraft Privilege Program

Phone: 844-928-2265
Effective Friday, April 25, 2025, your current consumer and business Overdraft Privilege service will change, including your current overdraft limits. Please refer to the disclosure titled “Wilson Bank & Trust’s Overdraft Privilege Program” for details.
Please note that for consumer/personal accounts, your decision to opt in or out of having your everyday debit card and ATM transactions paid or not paid into overdraft will remain the same after the conversion. Please refer to the “Overdraft Services Consent Form” for details, see appendix. For consumer accounts only, if you had previously opted to have your everyday debit card and ATM transactions paid into overdraft, you may revoke this decision at any time by completing the 2nd page of the “Overdraft Services Consent Form”, see appendix, and mailing or delivering the form to Wilson Bank & Trust or by contacting your banker for assistance.
Please refer to the new ‘Terms and Conditions of Your Account’ disclosure included in this packet for additional information related to overdrafts and nonsufficient funds.

To Learn More About Our Overdraft Services
< Scan Here
LOAN CHANGES
Loan Changes
Important Information About Your Loan Conversion
Effective April 25, 2025, your existing F&M loan account will transition to Wilson Bank & Trust (WBT). Below are key details regarding this change and how it affects your loan servicing and payment options.
ATTENTION: Loan payment due dates will remain the same with the exception of HELOC and PLOC as listed below. Depending on loan types, eStatements may be available via WBT online and mobile banking. For all loan types, payments can be made at any WBT Office or through WBT Online and Mobile Banking with a WBT deposit account. Effective April 25, the use of F&M HELOC checks will no longer be accepted. Consumer loans may be reported to the credit bureaus.
Home Equity Line of Credit (HELOC)
Payment due date is based on a cycle and may change, monthly. Customers will receive a statement, monthly, containing the exact due date.
• Late Fee: 6% of the transaction amount, or $25, whichever is greater (capped at $100)
• Stop Payment Fee: $38 (no change)
• Payment Options:
• If you have a deposit account with WBT, you can make payments through WBT Online and Mobile Banking.
• If you do not have a WBT deposit account and wish to set up automatic payments from another financial institution, please request an Automatic Funds Transfer Form from your banker or call (844)928-2265.
• New Options For Draws:
• If you have a deposit account with WBT, you can make draws through WBT Online and Mobile Banking.
• You can also request a check at any WBT location.
Personal Line of Credit (PLOC)
Payment due date is based on a cycle and may change, monthly. Customers will receive a statement, monthly, containing the exact due date.
• Advance Over Credit Limit Fee: $25
• Late Fee: 6% of the transaction amount, or $25, whichever is greater (capped at $100, no change)
• Payment Options:
• If you have a deposit account with WBT, you can make payments through WBT Online and Mobile Banking.
• If you do not have a WBT deposit account and wish to set up an ACH payment, please request an Automatic Funds Transfer Form from your banker or call (844) 928-2265.
Mortgage Loan Servicing
Effective April 25, 2025, all Single-Family Real Estate Mortgage Loans will be serviced by Wilson Bank & Trust. This change will not affect the terms of your loan or your ability to make payments at any WBT office.
For any questions or assistance with this transition, please contact us at (844) 928-2265 or visit your nearest Wilson Bank & Trust office. We appreciate your business and look forward to serving you!
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PRODUCT COMPARISON
F&M Bank deposit accounts will transition to WBT deposit accounts. Please review deposit products and features below for what is available to you.
Personal Checking Accounts
to WBT Basic Checking
Conversion to WBT Solid Gold
Personal Checking Accounts Cont.
Conversion to WBT Interest Checking
Personal Savings Accounts
Conversion to WBT Health Savings Account (HSA)
Conversion to WBT Premier Saver
Personal Savings Accounts
Conversion to WBT Youth Saver
Conversion to WBT Prime Relationship Money Market
Personal Savings Accounts
Conversion to WBT Money Market
Conversion to WBT Certificate of Deposit (CD)
All F&M IRAs invested in CDs will be moved into a WBT IRA invested in a CD. Rates will be matched till end of term. IRAs will be moved into the corresponding WBT Term, based on remainder of term at F&M. If WBT doesn’t have an equilivent term, the IRA will be moved into the closest matching WBT term.
Business Checking Accounts
Conversion to WBT Business Interest Checking
Business Savings Accounts
Conversion to WBT Business Money Market
Conversion to WBT Business Money Market
Fee Comparison
Consecutive Overdraft Fee/day $3.50 after 2 business days overdrawn up to 35 days $5/day after 7 calendar days overdrawn
Dormant Checking Account Fee/month $5/month after 12 months of inactivity
Dormant Savings Account Fee
Dormant Money Market Fee
$5/quarter after 12 months of inactivity
$5/month after 24 months of inactivity
$5/month after 547 days of inactivity
$5/month after 547 days of inactivity
after 547 days of inactivity


We’re thrilled to welcome you to Wilson Bank & Trust! As a customer-centric bank, we are committed to helping you achieve your financial goals. Whether you’re just starting your financial journey or looking for ways to improve your financial future, we’re here to support you every step of the way with products and services designed with you in mind.
At WBT, we offer unique banking options to meet our neighbors in their unique communities. To name a few, we proudly support our military members with specialized accounts and benefits, empower local students through our School Bank Program, and provide valuable education resources through our digital Financial Literacy Library. We’re deeply invested in our communities, focusing on making a positive impact through local initiatives and partnerships.
Our tagline, “Here to get you there,” reflects our dedication to helping you reach your financial goals, from everyday banking to future planning.
Ready to explore our full range of products and services? Simply scan the QR code or visit wilsonbank.com to learn more. We’re excited to be part of your financial future!


New Terms & Conditions & Account Disclosures
IMPORTANT: Enclosed with this Welcome Packet are the new Terms and Conditions and Disclosures for your account(s), which go into effect on April 28, 2025. By continuing to maintain your account(s) on or after April 28, 2025, you are agreeing to these new Terms and Disclosures. Please read them carefully, as they differ in some ways from the old F&M Bank terms and disclosures being replaced. Among other things, the new Terms include a Forum Selection Provision and a Dispute Resolution by Binding Arbitration provision.
Forum Selection
The new Terms include a Forum Selection provision that provides that, to the extent permitted by law, all claims not arbitrated or brought in small claims court will be heard in the state and federal courts in or for Wilson County, Tennessee.
Dispute Resolution by Binding Arbitration
The new Terms include an optional Dispute Resolution by Binding Arbitration provision. It provides that, when handling disputes, first we’ll give each other notice of disputes in writing and try to resolve them informally. If the dispute still isn’t resolved, either you or we can request an Informal Settlement Conference, which lets you schedule a phone call or videoconference with a representative working with or in our legal department to try to work things out. If you are still dissatisfied, the next step would be small claims court or binding individual arbitration (instead of jury trials or class action).
IMPORTANT: RIGHT TO OPT OUT: The Dispute Resolution by Binding Arbitration provision is optional. If you want to opt out, we must receive your written rejection notice by May 28, 2025. That notice must include your name, account number(s), and a signed statement that you are rejecting the Dispute Resolution by Binding Arbitration provision. The notice must be sent to Wilson Bank & Trust, ATTN: Legal Department, 623 West Main Street, Lebanon, TN 37087.
TRUTH-IN-SAVINGS DISCLOSURE
Listed below are the accounts available at Wilson Bank & Trust for personal, family or household use. To locate the name of the type of account(s) that you have opened, please refer to the title of the account, as stated in the Account Agreement provided to you at the time the account was opened, for each account and locate that title below. Please contact a representative at Wilson Bank & Trust at 1-844-928-2265 should you have any questions.
CAMPUS CHECKING ACCOUNT
Available to students age 13-24. The account automatically converts to a Basic Checking Account at age 25.
Minimum balance to open the account - You must deposit $25.00 to open this account.
Fees:
A $5 Account Fee will be charged each monthly statement cycle. The fee will be waived for each month that you are enrolled to receive e-statements. Dormant Fee - A $5 Dormant Fee will be charged each monthly statement cycle on accounts with a balance of less than $2,500 after the account has been dormant for more than 547 days.
ATM Fee Reimbursement - Fees incurred for the use of domestic non-Wilson Bank & Trust ATMs will be refunded or credited to the account by the next business day. Business days include Monday - Friday, excluding Federal holidays.
HERO CHECKING ACCOUNT
Eligibility Requirements - This account is eligible for any active or retired service member: Military, First Responder, Police, or Firefighter.
Minimum balance to open the account - You must deposit $100.00 to open this account.
Dormant Fee - A $5 Dormant Fee will be charged each monthly statement cycle on accounts with a balance of less than $2,500 after the account has been dormant for more than 547 days.
Qualifications - To qualify for cash back on debit card purchase all of the following qualifications must be met per monthly qualification cycle:
*Debit Cards - 25 debit card transactions of $5.00 each or greater must post and settle to your account per monthly qualification cycle. Debit card transactions processed by merchants and received by us as ATM transactions do not count towards qualifying debit card transactions. Only debit card transactions processed by merchants and received by us as point-of-sale (POS) transactions count towards qualifying debit card transactions. Please note that transactions MUST post and settle to your account during the monthly qualification cycle. They may not be in a pending state to qualify as one of the qualifications. Transactions may take one or more banking days from the date of the transaction was made to post and settle to an account.
*Electronic Statements - Be enrolled and receive your monthly account statement electronically. Sign up for eStatements through Online Banking or contact us for how to enroll.
*Direct Deposit or Direct Payment - One direct deposit or one electronic transfer through the Automated Clearing House (ACH) Network must post and settle to your account per monthly qualification cycle.
*Online Banking - Be enrolled and log into Online Banking at least one time per monthly qualification cycle. Please contact us for details on how to enroll.
Monthly Qualification Cycle - Monthly qualification cycle runs concurrent with the monthly statement cycle. The monthly statement cycle ends on the 18th of each calendar month. Should the 18th calendar day fall on a nonbusiness day, the monthly statement cycle and the monthly qualification cycle will end on the business day preceding the 18th calendar day. The next monthly statement cycle and monthly qualification cycle begins the next business day following the end of the previous month’s cycle. A business day is defined as Monday-Friday, excluding federal holidays.
Cash Back Rewards - If all of the qualifications are met each monthly qualification cycle, you will receive 4% cash back on debit card purchases received by us as POS transactions that post and settle to the account during the monthly qualification cycle, and credited to the account on the last day of the monthly qualification cycle, up to a total cash back of $10.00 per monthly qualification cycle.
ATM Fee Reimbursement - Fees incurred for the use of domestic non-Wilson Bank & Trust ATMs will be refunded or credited to the account by the next business day. Business days include Monday-Friday, excluding federal holidays.
Effects of Closing Account - If the account is closed before the end of the monthly qualification cycle, you will not receive ATM fee reimbursements, and you will not receive 4% cash back, even if you have already qualified during the monthly qualification cycle.
Fees and Charges:
A $5 Account Fee will be charged each monthly statement cycle. The fee will be waived for each month that you are enrolled to receive e-statements.
SOLID GOLD CLUB CHECKING ACCOUNT
Rate Information - Your interest rate and annual percentage yield may change. Frequency of rate changes - We may change the interest rate on your account at any time
Dormant Fee - A $5 Dormant Fee will be charged each monthly statement cycle on accounts with a balance of less than $2,500 after the account has been dormant for more than 547 days.
Determination of rate - At our discretion, we may change the interest rate on your account.
Compounding and crediting frequency - Interest will be compounded monthly. Interest will be credited to your account every month
Minimum balance to open the account - You must deposit $100.00 to open this account.
Daily balance computation method - We use the daily balance method to calculate the interest on your account. This method applies a daily periodic rate to the principal in the account each day.
Accrual of interest on noncash deposits - Interest begins to accrue no later than the business day we receive credit for the deposit of noncash items (for example, checks).
WBT CASH BACK CHECKING ACCOUNT
Qualifications
- To qualify for cash back on debit card purchases and to receive reimbursements for the ATM fee surcharges, you must meet all of the following qualifications per monthly qualification cycle:
*Debit Cards - 15 debit card transactions of $5.00 each or greater must post and settle to your account per monthly qualification cycle. Debit card transactions processed by merchants and received by us as ATM transactions do not count towards qualifying debit card transactions. Only debit card transactions processed by merchants and received by us as point-of-sale (POS) transactions count towards qualifying debit card transactions. Please note that transactions MUST post and settle to your account during the monthly qualification cycle. They may not be in a pending state to qualify as one of the qualifications. Transactions may take one or more banking days from the date of the transaction was made to post and settle to an account.
*Electronic Statements - Be enrolled and receive your monthly account statement electronically. Sign up for eStatements through Online Banking or contact us for how to enroll.
*Direct Deposit or Direct Payment - One direct deposit or one electronic transfer through the Automated Clearing House (ACH) Network must post and settle to your account per monthly qualification cycle.
*Online Banking - Be enrolled and log into Online Banking at least one time per monthly qualification cycle. Please contact us for details on how to enroll.
Monthly Qualification Cycle - Monthly qualification cycle runs concurrent with the monthly statement cycle. The monthly statement cycle ends on the 18th of each calendar month. Should the 18th calendar day fall on a nonbusiness day, the monthly statement cycle and the monthly qualification cycle will end on the business day preceding the 18th calendar day. The next monthly statement cycle and monthly qualification cycle begins the next business day following the end of the previous month’s cycle. A business day is defined as Monday-Friday, excluding federal holidays.
Cash Back Rewards - If all of the qualifications are met each monthly qualification cycle, you will receive 4% cash back on debit card purchases received by us as POS transactions that post and settle to the account during the monthly qualification cycle, and credited to the account on the last day of the monthly qualification cycle, up to a total cash back of $8.00 per monthly qualification cycle.
ATM Fee Reimbursement - If all of the qualifications are met each monthly qualification cycle, domestic ATM fees of $4.99 or less that are incurred during the qualification cycle will be reimbursed up to a maximum of $20 and credited to the account on the last day of the monthly qualification cycle. An ATM receipt must be presented for reimbursements of individual ATM withdrawal fees of $5.00 or higher. Note: ATM withdrawals do not count as qualifying debit card transactions for purpose of earning rewards within this account.
Effects of Closing Account - If the account is closed before the end of the monthly qualification cycle, you will forfeit the crediting of any cash back rewards or ATM fee reimbursements to the account that would have occurred on the last day of the monthly qualification cycle.
Minimum balance to open the account - You must deposit $100.00 to open this account.
Fees:
An Account Fee of $5.00 will be charged each monthly statement cycle. This fee may be waived when eStatements are received in lieu of paper statements Contact us for details on how to enroll in eStatements
Dormant Fee - A $5 Dormant Fee will be charged each monthly statement cycle on accounts with a balance of less than $2,500 after the account has been dormant for more than 547 days.
BASIC CHECKING ACCOUNT
Minimum balance to open the account - You must deposit $50.00 to open this account.
Fees:
A $5 Account Fee will be charged each monthly statement cycle. The fee will be waived for each month that you are enrolled to receive e-statements. Sign up for e-statements through Online Banking or contact us for details on how to enroll in e-statements.
Dormant Fee - A $5 Dormant Fee will be charged each monthly statement cycle on accounts with a balance of less than $2,500 after the account has been dormant for more than 547 days.
Additional terms:
Customers are allowed unlimited check writing. This account is truncated. Each customer will receive a detailed transaction statement. Checks and other items will be imaged and retained by the bank for safekeeping.
WBT INTEREST CHECKING ACCOUNT
Rate Information - Your interest rate and annual percentage yield may change.
Frequency of rate changes - We may change the rate on your account at any time.
Determination of rate - At our discretion, we may change the interest rate on your account. If you do not meet the eligibility requirements during the monthly qualification cycle, the rate paid on your account on the entire balance will be 0.05% with an annual percentage yield of 0.05%. If you close your account before interest is credited, you will receive the accrued interest. The accrued interest that will be credited to your account if you close your account before interest is credited, will be at the non-qualifying rate of 0.05%.
Daily balance computation method - The daily balance that we use when calculating interest is the collected balance. That means we only include those funds for which we have actually received payment when we determine the daily balance on which interest is paid.
Tiered Rate Information - This is a tiered rate account that pays a higher rate of interest as well as a second tier rate of interest, if you meet the qualification criteria listed below and pays a lower rate of interest if you do not meet the qualification criteria listed below. Your interest rate and APY may change at any time and without prior notice.
Qualifications - To qualify for higher interest as stated in the Tiered Rate Information and to receive reimbursements for the domestic ATM fee surcharges, you must meet all of the following requirements per monthly qualification cycle:
*Debit Cards - 15 debit card transactions of $5.00 each or greater must post and settle to your account per monthly qualification cycle. Debit card transactions processed by merchants and received by us as ATM transactions do not count towards qualifying debit card transactions. Only debit card transactions processed by merchants and received by us as point-of-sale (POS) transactions count towards qualifying debit card transactions. Please note that transactions MUST post and settle to your account during the monthly qualification cycle. They may not be in a pending state to qualify as one of the qualifications. Transactions may take one or more banking days from the date of the transaction was made to post and settle to an account.
*Electronic Statements - Be enrolled and receive your monthly account statement electronically. Sign up for eStatements through Online Banking or contact us for how to enroll.
*Direct Deposit or Direct Payment - One direct deposit or one electronic transfer through the Automated Clearing House (ACH) Network must post and settle to your account per monthly qualification cycle.
*Online Banking - Be enrolled and log into Online Banking at least one time per monthly qualification cycle. Please contact us for details on how to enroll.
Monthly Qualification Cycle - Monthly qualification cycle runs concurrent with the monthly statement cycle. The monthly statement cycle ends on the 18th of each calendar month. Should the 18th calendar day fall on a nonbusiness day, the monthly statement cycle and the monthly qualification cycle will end on the business day preceding the 18th calendar day. The next monthly statement cycle and monthly qualification cycle begins the next business day following the end of the previous month’s cycle. A business day is defined as Monday-Friday, excluding federal holidays.
ATM Fee Reimbursement - If all of qualifications are met each monthly qualification cycle, domestic ATM fees of $4.99 or less that are incurred during the qualification cycle will be reimbursed up to a maximum of $20 and credited to the account on the last day of the monthly qualification cycle. An ATM receipt must be presented for reimbursements of individual ATM withdrawal fees of $5.00 or higher.
Effects of Closing Account - If the account is closed before the end of the monthly qualification cycle, you will not receive ATM fee reimbursements that have not yet been credited to your account.
Compounding and crediting frequency - Interest will be compounded every month. Interest will be credited to your account every month Minimum balance to open the account - You must deposit $100.00 to open this account.
Accrual of interest on noncash deposits - Interest begins to accrue no later than the business day we receive credit for the deposit of noncash items (for example, checks).
Fees:
An Account Fee of $5.00 will be charged each monthly statement cycle. This fee may be waived when eStatements are received in lieu of paper statements Contact us for details on how to enroll in e-statements. Sign up for e-statements through Online Banking or contact us for details on how to enroll in e-statements.
Dormant Fee - A $5 Dormant Fee will be charged each monthly statement cycle on accounts with a balance of less than $2,500 after the account has been dormant for more than 547 days.
MONEY MARKET ACCOUNT
Rate Information - Your interest rate and annual percentage yield may change. Frequency of rate changes - We may change the interest rate on your account at any time
Dormant Fee - A $5 Dormant Fee will be charged each monthly statement cycle on accounts with a balance of less than $2,500 after the account has been dormant for more than 547 days.
Determination of rate - At our discretion, we may change the interest rate on your account.
Compounding and crediting frequency - Interest will be compounded monthly. Interest will be credited to your account every month Minimum balance to open the account - You must deposit $100.00 to open this account.
Daily balance computation method - We use the daily balance method to calculate the interest on your account. This method applies a daily periodic rate to the principal in the account each day.
Accrual of interest on noncash deposits - Interest begins to accrue no later than the business day we receive credit for the deposit of noncash items (for example, checks).
WBT INTEREST SAVER ACCOUNT
Rate Information - Your interest rate and annual percentage yield may change.
Frequency of rate changes - We may change the rate on your account at any time.
Determination of rate - At our discretion, we may change the interest rate on your account. If you do not meet the eligibility requirements during the monthly qualification cycle, the rate paid in your account on the entire balance
will be 0.05% with an annual percentage yield of 0.05% If you close your account before interest is credited, you will receive the accrued interest. The accrued interest that will be credited to your account if you close your account before interest is credited, will be at the non-qualifying rate of 0.05%.
Daily balance computation method - The daily balance that we use when calculating interest is the collected balance. That means we only include those funds for which we have actually received payment when we determine the daily balance on which interest is paid.
Tiered Rate Information - This is a tiered rate account that pays a higher rate of interest as well as a second tier rate of interest, if you meet the qualification criteria listed below and pays a lower rate of interest if you do not meet all of the qualification criteria listed below. Your interest rate and APY may change at any time and without prior notice.
Qualifications - To qualify for higher interest as stated in the Tiered Rate Information you must meet all of the following qualifications per monthly qualification cycle:
*Debit Cards - 15 debit card transactions of $5.00 each or greater must post and settle to your account per monthly qualification cycle. Debit card transactions processed by merchants and received by us as ATM transactions do not count towards qualifying debit card transactions. Only debit card transactions processed by merchants and received by us as point-of-sale (POS) transactions count towards qualifying debit card transactions. Please note that transactions MUST post and settle to your account during the monthly qualification cycle. They may not be in a pending state to qualify as one of the qualifications. Transactions may take one or more banking days from the date of the transaction was made to post and settle to an account.
*Electronic Statements - Be enrolled and receive your monthly account statement electronically. Sign up for eStatements through Online Banking or contact us for how to enroll.
*Direct Deposit or Direct Payment - One direct deposit or one electronic transfer through the Automated Clearing House (ACH) Network must post and settle to your account per monthly qualification cycle.
*Online Banking - Be enrolled and log into Online Banking at least one time per monthly qualification cycle. Please contact us for details on how to enroll. Monthly Qualification Cycle - Monthly qualification cycle runs concurrent with the monthly statement cycle and monthly qualification cycle of the WBT Interest Checking account. The monthly statement cycle and the monthly qualification cycle of the WBT Interest Checking account ends on the 18th of each calendar month. Should the 18th calendar day fall on a non-business day, the monthly statement cycle and the monthly qualification cycle will end on the business day preceding the 18th calendar day. The next monthly statement cycle and monthly qualification cycle begins the next business day following the end of the previous month’s cycle. The statement cycle of the WBT Interest Saver account ends on the 23rd of each calendar month, and should the 23rd calendar day fall on a non-business day, the monthly statement cycle will end on the business day preceding the 23rd calendar day. A business day is defined as Monday-Friday, excluding federal holidays.
Effects of Closing Account - If the account is closed before the end of the monthly qualification cycle, you will receive the non-qualifying rate of 0.05%, even if qualifications had been met prior to closing the account.
Compounding and crediting frequency - Interest will be compounded every month. Interest will be credited to your account every month Minimum balance to open the account - You must deposit $100.00 to open this account.
Accrual of interest on noncash deposits - Interest begins to accrue no later than the business day we receive credit for the deposit of noncash items (for example, checks).
Dormant Fee - A $5 Dormant Fee will be charged each monthly statement cycle on accounts with a balance of less than $2,500 after the account has been dormant for more than 547 days.
WBT CASH BACK SAVER ACCOUNT
Rate Information - Your interest rate and annual percentage yield may change.
Frequency of rate changes - We may change the rate on your account at any time.
Determination of rate - At our discretion, we may change the interest rate on your account. If you do not meet the eligibility requirements during the qualification cycle, the rate paid in your account on the entire balance will be 0 05% with an annual percentage yield of 0.05%. If you close your account before interest is credited, you will receive the accrued interest. The accrued interest that will be credited to your account if you close your account before interest is credited, will be at the non-qualifying rate of 0.05%.
Daily balance computation method - The daily balance that we use when calculating interest is the collected balance. That means we only include those funds for which we have actually received payment when we determine the daily balance on which interest is paid.
Tiered Rate Information - This is a tiered rate account that pays a higher rate of interest as well as a second tier rate of interest, if you meet the qualification criteria listed below and pays a lower rate of interest if you do not meet the qualification criteria listed below. Your interest rate and APY may change at any time and without prior notice.
Qualifications - To qualify for higher interest as stated in the Tiered Rate Information you must meet all of the following qualifications per monthly qualification cycle:
*Debit Cards - 15 debit card transactions of $5.00 each or greater must post and settle to your account per monthly qualification cycle. Debit card transactions processed by merchants and received by us as ATM transactions do not count towards qualifying debit card transactions. Only debit card transactions processed by merchants and received by us as point-of-sale (POS) transactions count towards qualifying debit card transactions. Please note that
transactions MUST post and settle to your account during the monthly qualification cycle. They may not be in a pending state to qualify as one of the qualifications. Transactions may take one or more banking days from the date of the transaction was made to post and settle to an account.
*Electronic Statements - Be enrolled and receive your monthly account statement electronically. Sign up for eStatements through Online Banking or contact us for how to enroll.
*Direct Deposit or Direct Payment - One direct deposit or one electronic transfer through the Automated Clearing House (ACH) Network must post and settle to your account per monthly qualification cycle.
*Online Banking - Be enrolled and log into Online Banking at least one time per monthly qualification cycle. Please contact us for details on how to enroll.
Monthly Qualification Cycle - Monthly qualification cycle runs concurrent with the monthly statement cycle and monthly qualification cycle of the WBT Cash Back Checking account. The monthly statement cycle and the monthly qualification cycle of the WBT Cash Back Checking account ends on the 18th of each calendar month. Should the 18th calendar day fall on a non-business day, the monthly statement cycle and the monthly qualification cycle will end on the business day preceding the 18th. The next monthly statement cycle and monthly qualification cycle begins the next business day following the end of the previous month’s cycle. The statement cycle of the WBT Cash Back Saver account ends on the 23rd of each calendar month, and should the 23rd calendar day fall on a non-business day, the monthly statement cycle will end on the business day preceding the 23rd calendar day. A business day is defined as Monday-Friday, excluding federal holidays.
Effects of Closing Account - If the account is closed before the end of the monthly qualification cycle, you will receive the non-qualifying rate of 0.05%, even if qualifications had been met prior to closing the account.
Compounding and crediting frequency - Interest will be compounded every month. Interest will be credited to your account every month Minimum balance to open the account - You must deposit $100.00 to open this account.
Accrual of interest on noncash deposits - Interest begins to accrue no later than the business day we receive credit for the deposit of noncash items (for example, checks).
Dormant Fee - A $5 Dormant Fee will be charged each monthly statement cycle on accounts with a balance of less than $2,500 after the account has been dormant for more than 547 days.
HEALTH SAVINGS ACCOUNT
Rate Information - Your interest rate and annual percentage yield may change. Frequency of rate changes - We may change the interest rate on your account at any time
Dormant Fee - A $5 Dormant Fee will be charged each monthly statement cycle on accounts with a balance of less than $100 after the account has been dormant for more than 547 days.
Determination of rate - At our discretion, we may change the interest rate on your account.
Compounding and crediting frequency - Interest will be compounded monthly. Interest will be credited to your account every month Minimum balance to open the account - There is no minimum deposit required to open this account.
Daily balance computation method - We use the daily balance method to calculate the interest on your account. This method applies a daily periodic rate to the principal in the account each day.
Accrual of interest on noncash deposits - Interest begins to accrue no later than the business day we receive credit for the deposit of noncash items (for example, checks).
PREMIER SAVER
Rate Information - Your interest rate and annual percentage yield may change. Frequency of rate changes - We may change the interest rate on your account at any time
Dormant Fee - A $5 Dormant Fee will be charged each monthly statement cycle on accounts with a balance of less than $2,500 after the account has been dormant for more than 547 days.
Determination of rate - At our discretion, we may change the interest rate on your account.
Compounding and crediting frequency - Interest will be compounded monthly. Interest will be credited to your account every month Minimum balance to open the account - You must deposit $100.00 to open this account.
Daily balance computation method - We use the daily balance method to calculate the interest on your account. This method applies a daily periodic rate to the principal in the account each day.
Accrual of interest on noncash deposits - Interest begins to accrue no later than the business day we receive credit for the deposit of noncash items (for example, checks).
Transaction limitations: No checks may be written on this account. No ATM withdrawals are allowed.
WBT YOUTH SAVER ACCOUNT
The WBT Youth Saver Account will be converted to a Mainstreet Money Fund Account at the age of 25.
Rate Information - Your interest rate and annual percentage yield may change. Frequency of rate changes - We may change the interest rate on your account at any time
Dormant Fee - A $5 Dormant Fee will be charged each monthly statement cycle on accounts with a balance of less than $100 after the account has been dormant for more than 547 days.
Determination of rate - At our discretion, we may change the interest rate on your account.
Compounding and crediting frequency - Interest will be compounded monthly. Interest will be credited to your account every month
Minimum balance to open the account - You must deposit $25.00 to open this account.
Daily balance computation method - We use the daily balance method to calculate the interest on your account. This method applies a daily periodic rate to the principal in the account each day.
Accrual of interest on noncash deposits - Interest begins to accrue no later than the business day we receive credit for the deposit of noncash items (for example, checks).
CHRISTMAS/VACATION CLUB ACCOUNT
Rate Information - Your interest rate and annual percentage yield may change. Frequency of rate changes - We may change the interest rate on your account at any time.
Determination of rate - At our discretion, we may change the interest rate on your account.
Compounding and crediting frequency - Interest will be compounded annually. Interest will be credited to your account annually
Minimum balance to open the account - You must deposit $5.00 to open this account.
Daily balance computation method - We use the daily balance method to calculate the interest on your account. This method applies a daily periodic rate to the principal in the account each day.
Accrual of interest on noncash deposits - Interest begins to accrue no later than the business day we receive credit for the deposit of noncash items (for example, checks).
Fees:
An excess withdrawal fee of $10.00 will be charged for each withdrawal in excess of two during a year
CURRENT INTEREST RATES FOR YOUR ACCOUNT
Below are the accounts available at Wilson Bank & Trust and the current interest rates applicable to each such account. To locate the interest rate(s) that apply to your account(s), please refer to the title of the account as stated in the Account Agreement you were given for each account you opened and locate that title below. Please contact a representative at Wilson Bank & Trust at 1-844-928-2265 should you have any questions about the interest rate(s) on your account(s) or have any other account questions.
WBT Cash Back Saver
If all qualifications listed previously in this disclosure are met through your WBT Cash Back Saver account and the collected balance range of your WBT Checking Saver account is $10,000 or less, the interest rate of the WBT Cash Back Saver account will be 2.00% and the Annual Percentage Yield (APY) will be . If the collected balance range of the WBT Cash Back Saver account is above $10,000, the interest rate on the portion of the balance of $10,000 or less will be and the interest rate on the portion of the balance above $10,000 will be , resulting in an annual percentage yield range from to . If qualifications are not met, you will receive the non-qualifying rate as disclosed previously in this disclosure.
WBT Interest Checking
If all qualifications listed previously in this disclosure are met and the collected balance range is below $30,000.01, the interest rate will be . The Annual Percentage Yield (APY) will be %. If the collected balance range is above $30,000.00, the interest rate on the portion of the balance less than $30,000.01 will be and the interest rate on the portion of the balance above $30,000.00 will be . The annual percentage yield will range from to . If qualifications are not met, you will receive the non-qualifying rate as disclosed previously in this disclosure.
WBT Interest Saver
If all qualifications listed previously in this disclosure are met through your WBT Interest Checking account and the collected balance range of your WBT Interest Saver account is $10,000 or less, the interest rate of the WBT Interest Saver account will be and the Annual Percentage Yield (APY) will be . If the collected balance range of the WBT Interest Saver account is above $10,000, the interest rate on the portion of the balance of $10,000 or less will be and the interest rate on the portion of the balance above $10,000 will be , resulting in an annual percentage yield range from to . If qualifications are not met, you will receive the non-qualifying rate as disclosed previously in this disclosure.
CAMPUS CHECKING ACCOUNT
This account does not accrue interest.
HERO CHECKING ACCOUNT
This account does not accrue interest.
SOLID GOLD CLUB CHECKING ACCOUNT
The interest rate for your account is % with an annual percentage yield of %.
WBT CASH BACK CHECKING ACCOUNT
This account does not accrue interest.
BASIC CHECKING ACCOUNT
This account does not accrue interest.
MONEY MARKET ACCOUNT
Rate Information:
• Tier 1 - If your daily balance is $49,999.99 or less, the interest rate paid on the entire balance in your account will be 1.00 % with an annual percentage yield of 1.00 %.
• Tier 2 - If your daily balance is more than $50,000.00 but less than $99,999.99, the interest rate paid on the entire balance in your account will be 1.05 % with an annual percentage yield of 1.06 %.
• Tier 3 - If your daily balance is more than $100,000.00, but less than $249,999.99, the interest rate paid on the entire balance in your account will be 1.10 % with an annual percentage yield of %.
• Tier 4 - If your daily balance is $250,000.00 or more, the interest rate paid on the entire balance in your account will be % with an annual percentage yield of %.
HEALTH SAVINGS ACCOUNT
The interest rate for your account is % with an annual percentage yield of %.
WBT YOUTH SAVER ACCOUNT
The interest rate for your account is % with an annual percentage yield of %.
PREMIER SAVER
Rate Information:
• Tier 1 - If your daily balance is $99,999.99 or less, the interest rate paid on the entire balance in your account will be 1.90% with an annual percentage yield of 1.92%.
• Tier 2 - If your daily balance is $100,000.00 or more, the interest rate paid on the entire balance in your account will be 2.25 % with an annual percentage yield of %.
CHRISTMAS CLUB ACCOUNT
• Tier 1 - If your daily balance is below $6,001.00, the interest rate paid on the balance that is below $6,001.00 in your account will be % with an annual percentage yield of %.
• Tier 2 - If your daily balance is $6,001.00 or more, the interest rate paid on the balance that is $6,001.00 or more in your account will be % with an annual percentage yield range of % - % (based on an assumed balance of $100,000).
VACATION CLUB ACCOUNT Rate
Information:
• Tier 1 - If your daily balance is below $6,001.00, the interest rate paid on the balance that is below $6,001.00 in your account will be % with an annual percentage yield of %.
• Tier 2 - If your daily balance is $6,001.00 or more, the interest rate paid on the balance that is $6,001.00 or more in your account will be % with an annual percentage yield range of % - % (based on an assumed balance of $100,000).
FACTS WHAT
Why?
DOES WILSON BANK & TRUST DO WITH YOUR PERSONAL INFORMATION?
Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do.
What? The types of personal information we collect and share depend on the product or service you have with us. This information can include: ♦ Transaction history ♦ Transaction or loss history
Credit history ♦ Social Security number
Account balances ♦ Payment history
When you are no longer our customer, we continue to share your information as described in this notice.
How? All financial companies need to share customers' personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers' personal information; the reasons Wilson Bank & Trust chooses to share; and whether you can limit this sharing.
Reasons we can share your personal information Does Wilson Bank & Trust share? Can you limit this sharing?
For our everyday business purposessuch as to process your transactions, maintain your account(s), respond to court orders and legal investigations, or report to credit bureaus
For our marketing purposesto offer our products and services to you
For joint marketing with other financial companies
For our affiliates' everyday business purposesinformation about your transactions and experiences
For our affiliates' everyday business purposes - information about your creditworthiness
For nonaffiliates to market to you
Questions? Call 1-844-928-2265 or go to www.wilsonbank.com
don't share
We don't share

What We Do
How does Wilson Bank & Trust protect my personal information?
How does Wilson Bank & Trust collectmy personal information?
To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer safeguards and secured files and buildings.
We also maintain other physical, electronic and procedural safeguards to protect this information and we limit access to information to those employees for whom access is appropriate.
We collect your personal information, for example, when you
♦ Open an account
♦ Deposit money
♦ Pay your bills
Why can't I limit all sharing?
Definitions
Affiliates
Nonaffiliates
Joint Marketing
♦ Apply for a loan
♦ Show your driver's license
We also collect your personal information from others, such as credit bureaus, affiliates, or other companies.
Federal law gives you the right to limit only
♦ sharing for affiliates' everyday business purposes - information about your
♦ affiliates from using your information to market to you
♦ sharing for non-affiliates to market to you
State laws and individual companies may give you additional rights to limit sharing.
Companies related by common ownership or control. They can be financial and non-financial companies.
♦ Wilson Bank & Trust does not share with our affiliates.
Companies not related by common ownership or control. They can be financial and non-financial companies.
♦ Wilson Bank & Trust does not share with nonaffiliates so they can market to you
A formal agreement between non-affiliated financial companies that together market financial products or services to you.
♦ Our joint marketing partners include credit card companies, insurance companies and financial companies.
TERMS AND CONDITIONS OF YOUR ACCOUNT
Please read this agreement carefully. It requires that disputes be resolved in binding individual arbitration rather than jury trials or class actions, unless you timely opt out of arbitration. For details (including instructions to opt out), see the section below titled Dispute Resolution by Binding Arbitration.
IMPORTANT ACCOUNT OPENING INFORMATION - Federal law requires us to obtain sufficient information to verify your identity. You may be asked several questions and to provide one or more forms of identification to fulfill this requirement. In some instances we may use outside sources to confirm the information. The information you provide is protected by our privacy policy and federal law.
AGREEMENT - This document, along with any other documents we provide/make available to you pertaining to your account(s), is a contract that establishes rules which control your account(s) with us. Please read these terms and conditions and those other document carefully and retain it for future reference. If you sign the signature card or open or continue to use the account, you agree to these rules. You will receive a separate schedule of rates, qualifying balances, and fees if they are not included in this document. If you have any questions, please call us. This agreement is subject to applicable federal laws, the laws of the state of Tennessee and other applicable rules such as the operating letters of the Federal Reserve Banks and payment processing system rules (except to the extent that this agreement can and does vary such rules or laws). Except to the extent that federal law controls, all deposit accounts opened, including deposit accounts opened online, shall be governed by the laws of the state of Tennessee and shall be deemed for all purposes to be located in the state of Tennessee. The body of state and federal law that governs our relationship with you, however, is too large and complex to be reproduced here. The purpose of this document is to:
(1) summarize some laws that apply to common transactions;
(2) establish rules to cover transactions or events which the law does not regulate;
(3) establish rules for certain transactions or events which the law regulates but permits variation by agreement; and
(4) give you disclosures of some of our policies to which you may be entitled or in which you may be interested.
If any provision of this document is found to be unenforceable according to its terms, all remaining provisions will continue in full force and effect. We may permit some variations from our standard agreement, but we must agree in advance and in writing to any variation either on the signature card for your account or in some other document. Nothing in this document is intended to vary our duty to act in good faith and with ordinary care when required by law. As used in this document the words “we,” “our,” and “us” mean the financial institution and the words “you” and “your” mean the account holder(s) and anyone else with the authority to deposit, withdraw, or exercise control over the funds in the account. However, this agreement does not intend, and the terms “you” and “your” should not be interpreted, to expand an individual’s responsibility for an organization’s liability. If this account is owned by a corporation, partnership or other organization, individual liability is determined by the laws generally applicable to that type of organization. The headings in this document are for convenience or reference only and do not govern the interpretation of the provisions. Unless it would be inconsistent to do so, words and phrases used in this document should be construed so the singular includes the plural and the plural includes the singular.
LIABILITY - You agree, for yourself, and the person or entity you represent if you sign as a representative of another, to these terms, the terms of any account you have with us and the schedule of charges. You authorize us to deduct these charges, without notice to you, directly from the available balance as accrued. You will pay any additional reasonable charges for services you request which are not covered by this agreement.
Each of you also agrees to be jointly and severally (individually) liable for any account shortage resulting from charges or overdrafts, whether caused by you or another with access to this account. Payment of the account shortage is due immediately, and we can deduct any amounts deposited into the account and apply those amounts to the shortage and any fees or charges owed to us by you without prior notice to you You have no right to defer payment of this liability, and you are liable regardless of whether you signed the item or benefited from the charge or overdraft.
You will be liable for our costs including our reasonable attorneys’ fees, to the extent permitted by law, whether incurred as a result of collection or in any other dispute involving your account. This includes, but is not limited to, disputes between you and another joint owner; you and an authorized signer or similar party; or a third party claiming an interest in your account. This also includes any action that you or with a third party takes regarding the account that causes us, in good faith, to seek the advice of an attorney, whether or not we become involved in the dispute. All costs, including attorneys' fees, can be deducted from your account when they are incurred, without prior notice to you DEPOSITS - We will give only provisional credit until collection is final for any items, other than cash, we accept for deposit (including items drawn “on us”). Before settlement of any item becomes final, we act only as your agent, regardless of the form of endorsement or lack of endorsement on the item and even though we provide you provisional credit for the item. We may reverse any provisional credit for items that are lost, stolen, or returned. Unless prohibited by law, we also reserve the right to charge back to your account the amount of any item deposited to your account or cashed for you which was initially paid by the payor bank and which is later returned to us due to an allegedly forged,
unauthorized or missing endorsement, claim of alteration, encoding error, counterfeit cashier’s check or other problem which in our judgment justifies reversal of credit. You authorize us to attempt to collect previously returned items without giving you notice, and in attempting to collect we may permit the payor bank to hold an item beyond the midnight deadline. Actual credit for deposits of, or payable in, foreign currency will be at the exchange rate in effect on final collection in U.S. dollars. We are not responsible for transactions by mail or outside depository until we actually record them. We will treat and record all transactions received after our “daily cutoff time” on a business day we are open, or received on a day we are not open for business, as if initiated on the next business day that we are open. For more information on availability of deposited funds, read the subsections herein titled "Determining your available balance", "Funds availability" and "YOUR ABILITY TO WITHDRAW FUNDS". At our option, we may take an item for collection rather than for deposit. If we accept a third-party check or draft for deposit, we may require any third-party endorsers to verify or guarantee their endorsements, or endorse in our presence.
WITHDRAWALS -
Important terms for accounts where more than one person can withdraw - Unless clearly indicated otherwise on the account records, any of you, acting alone, who signs to open the account or has authority to make withdrawals may withdraw or transfer all or any part of the available balance at any time. Each of you (until we receive written notice to the contrary) authorizes each other person who signs or has authority to make withdrawals to endorse any item payable to you or your order for deposit to this account or any other transaction with us.
Stale or postdated checks - We reserve the right to pay or dishonor a check more than six (6) months old without prior notice to you. A postdated check is one which bears a date later than the date on which the check is written. You agree not to postdate any check drawn on an account. If you do, and the check is presented for payment before the date of the check, we may properly pay it and charge your account the amount of the check (and charge your account for any resulting Overdraft Item Fee or Return Item Fee) even though payment was made before the date of the check. We are not liable for paying any stale or postdated check. Any damages you incur that we may be liable for are limited to actual damages not to exceed the amount of the check.
Checks and withdrawal rules - If you do not purchase your check blanks from us, you must be certain that we approve the check blanks you purchase. We may refuse any withdrawal or transfer request which you attempt on forms not approved by us or by any method we do not specifically permit. We may refuse any withdrawal or transfer request which is greater in number than the frequency permitted by our policy, or which is for an amount greater or less than any withdrawal limitations. We will use the date the transaction is completed by us (as opposed to the date you initiate it) to apply any frequency limitations. In addition, we may place limitations on the account until your identity is verified.
Even if we honor a nonconforming request, we are not required to do so later. If you violate the stated transaction limitations (if any), in our discretion we may close your account or reclassify your account as another type of account. If we reclassify your account, your account will be subject to the fees and earnings rules of the new account classification.
If we are presented with an item drawn against your account that would be a “substitute check,” as defined by law, but for an error or defect in the item introduced in the substitute check creation process, you agree that we may pay such item.
Cash withdrawals - We recommend you take care when making large cash withdrawals because carrying large amounts of cash may pose a danger to your personal safety. As an alternative to making a large cash withdrawal, you may want to consider a cashier’s check or similar instrument. You assume full responsibility of any loss in the event the cash you withdraw is lost, stolen, or destroyed. You agree to hold us harmless from any loss you incur as a result of your decision to withdraw funds in the form of cash.
Multiple signatures, electronic check conversion, and similar transactions - An electronic check conversion transaction is a transaction where a check or similar item is converted into an electronic fund transfer as defined in the Electronic Fund Transfers regulations In these types of transactions the check or similar item is either removed from circulation (truncated) or given back to you. As a result, we have no opportunity to review the signatures or otherwise examine the original check or item. You agree to waive any multiple signature account restrictions as we do not permit accounts on which two signatures are required for a check or other withdrawal. Notwithstanding any provisions to the contrary on any signature card or other agreement you have with us, you agree that, if any account purports to require two or more signers on items drawn on the account, such a provision is solely for your internal control purposes and is not binding on us. If more than one person is authorized to write checks or draw items on your account, you agree that we can honor checks signed by any authorized signer and that you are responsible for its payment even if there are two or more lines on the items for your signature and two signatures are purportedly required.
Notice of withdrawal - We reserve the right to require not less than 7 days’ notice in writing before each withdrawal from an interest-bearing savings account, including, but not limited to, saver accounts, money market accounts, club accounts, or from any other savings deposit account as defined by Regulation D. (The law requires us to reserve this right, but it is not our general policy to use it.)
Determining your available balance - We use the “available balance” method to determine whether your account is overdrawn, that is, whether there is enough money in your account to pay for a transaction. Importantly, your “available” balance may not be the same as your account’s “actual” balance.
This means an overdraft or an insufficient funds transaction could occur regardless of your account's actual balance. All references to "account balance" in this agreement refer to "available balance" unless indicated otherwise. Your account’s actual balance (sometimes called the ledger balance) only includes transactions that have settled up to that point in time, that is, transactions (deposits and payments) that have posted to your account. The actual balance does not include outstanding transactions (such as checks that have not yet cleared and electronic transactions that have been authorized but which are still pending). The balance on your periodic statement is the ledger balance for your account as of the statement date. We will determine whether your account has sufficient funds to pay an item when we process the item during our posting process. We do not process items for payment until a merchant or a card or a payment processor presents the items to us for payment. Please note that merchants and card or payment processors may present an item, including a debit card transaction, to us for payment several days or weeks after we authorize the item.
For example, you have an actual (ledger) balance of $100 in your account and you write a check to a merchant for $30. Your actual (ledger) balance after writing the check to the merchant but before settlement and posting of the check is $100 because the $30 check does not yet reduce the amount of funds you have to spend in your account. Once the merchant presents the $30 check to us—which may be days or weeks later—we will determine whether to pay the transaction. If we pay the $30 check and post it to your account, and if there have been no other intervening debits or credits to your account, your actual (ledger) balance will be $70 because the payment of the $30 check has now reduced the amount of funds in your account.
While we use an actual (ledger) balance to determine whether there are sufficient funds in your account to pay an item, the available balance we provide to you via teller, ATM, Telephone Banker, Mobile Banking or Online Banking will reflect pending transactions or checks that have not settled and posted to your account.
The available balance we provide to you via teller, ATM, Telephone Banking, Mobile Banking or Online Banking will not reflect the Overdraft Privilege service limit assigned to your account. Your Overdraft Privilege service limit is the amount by which you are permitted to overdraft your account. We reserve the right not to pay overdrafts even if you have an overdraft limit assigned to your account under the Overdraft Privilege program. For more information on the Overdraft Privilege program, overdraft limits, and your eligibility for the same, please carefully review the Overdraft Privilege program disclosure that you received when you opened your account and that may be obtained at any of our offices or online at www.wilsonbank.com.
As the name implies, your available balance is calculated based on the money “available” in your account to make payments. In other words, the available balance takes ACH credit transactions and debit card transactions that have been authorized, but not yet settled, and subtracts them from the actual balance. In addition, when calculating your available balance, any “holds” placed on deposits that have not yet cleared are also subtracted from the actual balance. For more information on how holds placed on funds in your account can impact your available balance, read the subsection herein titled “A temporary debit authorization hold affects your available balance.”
Overdrafts - You understand that we may, at our sole discretion, honor withdrawal requests including, but not limited to, any check, ATM or debit card transaction, ACH or other request that overdraws your account because the amount of the check, item, transaction or ACH exceeds the available balance in your account. However, the fact that we may honor withdrawal requests that overdraw the account's available balance does not obligate us to do so later. So you CANNOT rely on us to pay overdrafts on your account regardless of how frequently or under what circumstances we have paid overdrafts on your account in the past. We can change our practice of paying, or not paying, discretionary overdrafts on your account without notice to you. You can ask us if we have other account services that might be available to you where we commit to paying overdrafts under certain circumstances, such as an overdraft protection line-of-credit or a plan to sweep funds from another account you have with us. You agree that we may charge fees for transactions and/or items that cause your account to be overdrawn and fees for the account remaining in an overdrawn status. For consumer accounts, we will not charge fees for overdrafts caused by ATM withdrawals or one-time debit card transactions if you have not opted-in to that service. We may use subsequent deposits, including direct deposits of social security or other government benefits, to pay such overdrafts and overdraft fees.
Nonsufficient funds (NSF) fees - If an item drafted by you (such as a check) or a transaction you set up (such as a preauthorized or recurring transfer) is presented for payment in an amount that is more than the available balance in your account, and we decide not to pay the item or transaction, you agree that we can charge you a Return Item Fee for returning the item or transaction. Be aware that such an item or transaction may be presented multiple times by the merchant or other payee until it is paid, and that we do not monitor or control the number of times an item or transaction is presented for payment. You agree that we may charge you a Return Item Fee each time an item or transaction is presented if the available balance in your account is not sufficient to pay the item or transaction, regardless of the number of times the item or transaction is presented.
Payment types - Some, but not necessarily all, of the ways you can access the funds in your account include debit card transactions, automated clearing house (ACH) transactions, and check transactions. A debit card transaction might be authorized by use of a PIN, a signature, or a chip An example of an ACH transaction is a preauthorized payment you have set up on a recurring basis. All these payment types can use different processing systems and some
may take more or less time to post. This information is important for a number of reasons. For example, keeping track of the checks you write and the timing of the preauthorized payments you set up will help you to know what other transactions might still post against your account. This can help you avoid overdrawing your account.
For information about how and when we process these different payment types, see the “Payment order of items” subsection below.
Balance information - Keeping track of your available balance is important. You can review your available balance in a number of ways including reviewing your periodic statement, reviewing your balance online, accessing your account information by phone, or coming into one of our branches. Funds availability - Knowing when funds you deposit will be made available for withdrawal is another important concept that can help you avoid being assessed fees or charges. Please see our funds availability disclosure, referred to in these disclosures as YOUR ABILITY TO WITHDRAW FUNDS, for information on when different types of deposits will be made available for withdrawal. For those accounts to which our funds availability policy disclosure does not apply, you can ask us when you make a deposit when those funds will be available for withdrawal. An item may be returned after the funds from the deposit of that item are made available for withdrawal. In that case, we will reverse the credit of the item. We may determine the amount of available funds in your account for the purpose of deciding whether to return an item for insufficient funds at any time between the times we receive the item and when we return the item or send a notice in lieu of return. We need only make one determination, but if we choose to make a subsequent determination, the account's available balance at the subsequent time will determine whether there are insufficient available funds.
A temporary debit authorization hold affects your available balanceOn debit card purchases, merchants may request a temporary hold on your account for a specified sum of money when the merchant does not know the exact amount of the purchase at the time the card is authorized. The amount of the temporary hold may be more than the actual amount of your purchase. Some common transactions where this occurs involve purchases of gasoline, hotel rooms, or meals at restaurants. When this happens, our processing system cannot determine that the amount of the hold exceeds the actual amount of your purchase. This temporary hold, and the amount charged to your account, will eventually be adjusted to the actual amount of your purchase, but it could be three calendar days, or even longer in some cases, before the adjustment is made. Until the adjustment is made, the amount of funds in your account available for other transactions will be reduced by the amount of the temporary hold. If another transaction is presented for payment in an amount greater than the funds left after the deduction of the temporary hold amount, you may be charged a Return Item Fee or an Overdraft Item Fee according to our insufficient funds or overdraft fee policy, which may result in one or more Overdraft Item Fees or Return Item Fees. You may be charged the fee even if you would have had sufficient funds in your account if the amount of the hold had been equal to the amount of your purchase.
Payment order of items - The order in which items are paid is important if there is not enough money in your account to pay all of the items that are presented. The payment order can affect the number of items overdrawn or returned unpaid and the amount of the fees you may have to pay. To assist you in managing your account, we are providing you with the following information regarding how we process those items.
Our policy is to process Credit Transactions first, in the order they are received on the day they are processed. We process Electronic debit items such as ATM and Preauthorized Transactions second, in the order they are received on the day they are processed. Checks are processed third, in the order they are received on the day they are processed. Checks may not be received by us in the order in which they were written or by check number.
If a check, item or transaction is presented without sufficient funds in your account to pay it, you may be charged a Return Item Fee or an Overdraft Item Fee according to our insufficient funds or overdraft fee policy, which may result in one or more Overdraft Item Fees or Return Item Fees. We will not charge you a fee for paying an overdraft of an ATM or one-time debit card transaction if this is a consumer account and you have not opted-in to that service. The amounts of the Overdraft Item Fees and Return Item Fees are disclosed elsewhere, as are your rights to opt in to overdraft services for ATM and onetime debit card transactions, if applicable. We encourage you to make careful records and practice good account management. This will help you to avoid creating items without sufficient funds and potentially incurring the resulting fees.
OWNERSHIP OF ACCOUNT AND BENEFICIARY DESIGNATION - These rules apply to this account depending on the form of ownership and beneficiary designation, if any, specified on the account records. We make no representations as to the appropriateness or effect of the ownership and beneficiary designations, except as they determine to whom we pay the account funds.
Individual Account - is an account in the name of one person.
Joint Account - With Survivorship (And Not As Tenants In Common)is an account in the name of two or more persons. Each of you intend that when you die the balance in the account (subject to any previous pledge to which we have agreed) will belong to the survivor(s). If two or more of you survive, you will own the balance in the account as joint tenants with survivorship and not as tenants in common.
Joint Account - No Survivorship (As Tenants In Common) - This is owned by two or more persons, but none of you intend (merely by opening this account) to create any right of survivorship in any other person. Each owner's share in the account is determined according to state law. Shares can vary
depending on respective contributions and their sources, but this information will not, however, affect the number of signatures required for withdrawal. Because we will be unable to determine respective shares conclusively upon the death of an owner, you agree that we may pay out all or part of account funds on the instructions of either of the decedent's personal representative or any surviving owner notwithstanding the absence of a right of survivorship. Our authority to make such payments shall not affect the respective rights of the decedent's personal representative and surviving owners to their proper shares of account proceeds, which they may seek to have determined judicially. Revocable Trust or Pay-On-Death Account - A named beneficiary's interest in this type of account does not vest (and thus create a right to withdraw) unless: (1) all persons creating the account die, and (2) the beneficiary is then living. If two or more beneficiaries are named and survive the death of all persons creating the account, then the surviving beneficiary or beneficiaries will own this account in equal shares, without right of survivorship.
Tennessee Uniform Transfers to Minors Act (TNUTMA) Account - This is an account established pursuant to the Tennessee Uniform Transfers to Minors Act (TNUTMA) where the account is owned by a minor beneficiary and controlled by one (1) or more designated custodians. If you are a designated custodian on a TNUTMA account, you agree to comply with TNUTMA and to transfer in an appropriate manner the custodial property to the minor beneficiary We will not monitor a TNUTMA account or ensure a designated custodian complies with TNUTMA, but, if you are a designated custodian on a TNUTMA account, you agree that we may deliver the TNUTMA account property to the minor beneficiary upon said minor's attainment of twenty-one (21) years of age and that we may provide records to the minor beneficiary (or said minor's legal representative) regarding the TNUTMA account. Tennessee Interest On Lawyers' Trust Account (IOLTA) Account - This is an account program established by the Supreme Court of Tennessee that permits lawyers and law firms to open interest-bearing trust accounts for management of certain client or third party funds. If you are a lawyer or law firm opening or holding an IOLTA account under this program, you agree to comply with Rule of Professional Conduct 1.15 and Rule 43 of the Rules of the Supreme Court of Tennessee. We do not permit IOLTA account deposits of any checks made payable to an estate via endorsement or otherwise unless such a check is specifically authorized to be deposited in an IOLTA account pursuant to a court order.
BUSINESS, ORGANIZATION AND ASSOCIATION ACCOUNTS - Earnings in the form of interest, dividends, or credits will be paid only on collected funds, unless otherwise provided by law or our policy. You represent that you have the authority to open and conduct business on this account on behalf of the entity. We may require the governing body of the entity opening the account to give us a separate authorization telling us who is authorized to act on its behalf. We will honor the authorization until we actually receive written notice of a change from the governing body of the entity.
STOP PAYMENTS - The rules in this section cover stopping payment of items such as checks and drafts. Rules for stopping payment of other types of transfers of funds, such as consumer electronic fund transfers, may be established by law or our policy. If we have not disclosed these rules to you elsewhere, you may ask us about those rules.
We may accept an order to stop payment on any item from any one of you. You must make any stop-payment order in the manner required by law and we must receive it in time to give us a reasonable opportunity to act on it before our stop-payment cutoff time. Because stop-payment orders are handled by computers, to be effective, your stop-payment order must precisely identify the number, date, and amount of the item, and the payee. You may stop payment on any item drawn on your account whether you sign the item or not. Generally, if your stop-payment order is given to us in writing it is effective for six months. Your order will lapse after that time if you do not renew the order in writing before the end of the six-month period. If the original stop-payment order was oral your stop-payment order will lapse after 14 calendar days if you do not confirm your order in writing within that time period. We are not obligated to notify you when a stop-payment order expires. If you stop payment on an item and we incur any damages or expenses because of the stop payment, you agree to indemnify us for those damages or expenses, including attorneys’ fees. You assign to us all rights against the payee or any other holder of the item. You agree to cooperate with us in any legal actions that we may take against such persons. You should be aware that anyone holding the item may be entitled to enforce payment against you despite the stop-payment order.
Our stop-payment cutoff time is one hour after the opening of the next banking day after the banking day on which we receive the item. Additional limitations on our obligation to stop payment are provided by law (e.g., we paid the item in cash or we certified the item).
TELEPHONE TRANSFERS - A telephone transfer of funds from this account to another account with us, if otherwise arranged for or permitted, may be made by the same persons and under the same conditions generally applicable to withdrawals made in writing. Limitations on the number of telephonic transfers from a savings account, if any, are described elsewhere.
STATEMENTS - Statements are a valuable tool to help prevent fraudulent or mistaken transfers. Your statement will show the transactions that occurred in connection with your account during the statement period. Your duty to report unauthorized signatures, alterations, forgeries and errors - Your statement will provide sufficient information for you to reasonably identify the items paid (item number, amount, and date of payment). You should keep a record of each transaction as it is made so that when we give you the information in the statement, you will have a complete understanding of each transaction listed.
You have responsibilities in connection with your statement. You must examine your statement with “reasonable promptness.” In addition, if you receive or we make available either your items or images of your items, you must examine them for any unauthorized or missing endorsements or any other problems. If you discover (or reasonably should have discovered) any unauthorized signatures, alterations, incorrect payment amounts, or missing or incorrectly credited deposits, you must promptly notify us of the relevant facts. As between you and us, if you fail to do either of these duties, you will have to bear the loss yourself unless you prove that we did not pay the item in good faith. The loss you might bear could be not only with respect to items listed on the statement, but also other items with unauthorized signatures or alterations by the same wrongdoer. Of course, an attempt can be made to recover the loss from the thief, but this is often unsuccessful.
You agree that the time you have to examine your statement and items and report to us will depend on the circumstances, such time will not, in any circumstance, exceed thirty (30) days from when we first send or make the statement available to you.
You further agree that if you fail to report any unauthorized signatures, (including forgeries and counterfeit checks), alterations, incorrect payment amounts, missing or incorrectly credited deposits, or any other errors in your account within 60 days of when we first send or make the statement available, you cannot assert a claim against us on any items in that statement, and as between you and us the loss will be entirely yours. This 60-day limitation is without regard to whether we used good faith. The limitation in this paragraph is in addition to those contained in the second paragraph of this section. Contact us if you do not receive your regular statement.
Contact us if you do not receive your regular statement. If this is a business account, you agree that you will have at least two people review your statements, notices, and returned checks, or in the alternative, the person who reviews these will be someone who does not have authority to transact business on the account.
Errors relating to electronic fund transfers - For information on errors relating to electronic fund transfers (e.g., on-line, mobile, debit card or ATM transactions) refer to your Electronic Fund Transfers disclosure and the sections on consumer liability and error resolution.
Duty to notify if statement not received - You agree to immediately notify us if you do not receive your statement by the date you normally expect to receive it. Not receiving your statement in a timely manner is a sign that there may be an issue with your account, such as possible fraud or identity theft.
ACCOUNT TRANSFER - This account may not be transferred or assigned without our prior written consent.
DIRECT DEPOSITS - If we are required for any reason to reimburse the federal government for all or any portion of a benefit payment that was directly deposited into your account, you authorize us to deduct the amount of our liability to the federal government from the account or from any other account you have with us, without prior notice and at any time, except as prohibited by law. We may also use any other legal remedy to recover the amount of our liability.
TEMPORARY ACCOUNT AGREEMENT - If the account documentation indicates that this is a temporary account agreement, it means that all account owners have not yet signed the signature card, or that some other account opening requirement has not been completed. We may give you a duplicate signature card so that you can obtain all of the necessary signatures and return it to us. Each person who signs to open the account or has authority to make withdrawals (except as indicated to the contrary) may transact business on this account. However, we may at some time in the future restrict or prohibit further use of this account if you fail to comply with the requirements we have imposed within a reasonable time.
SETOFF - We may (without prior notice and when permitted by law) set off the funds in this account against any due and payable debt any of you owe us now or in the future. If this account is owned by one or more of you as individuals, we may set off any funds in the account against a due and payable debt a partnership owes us now or in the future, to the extent of your liability as a partner for the partnership debt. If your debt arises from a promissory note, then the amount of the due and payable debt will be the full amount we have demanded, as entitled under the terms of the note, and this amount may include any portion of the balance for which we have properly accelerated the due date.
This right of setoff does not apply to this account if prohibited by law. For example, the right of setoff does not apply to this account if: (a) it is an Individual Retirement Account or similar tax-deferred account, or (b) the debt is created by a consumer credit transaction under a credit card plan (but this does not affect our rights under any consensual security interest), or (c) the debtor’s right of withdrawal only arises in a representative capacity. We will not be liable for the dishonor of any check when the dishonor occurs because we set off a debt against this account. You agree to hold us harmless from any claim arising as a result of our exercise of our right of setoff.
ADDITIONAL AUTHORIZED SIGNATORY (Individual Accounts
only) - A single individual is the owner. The additional authorized signatory is merely designated to conduct transactions on the owner’s behalf. The owner does not give up any rights to act on the account, and the additional authorized signatory may not in any manner affect the rights of the owner or beneficiaries, if any, other than by withdrawing funds from the account. The owner is responsible for any transactions of the additional authorized signatory. We undertake no obligation to monitor transactions to determine that they are on the owner’s behalf.
The owner may terminate the authorization at any time, and the authorization is automatically terminated by the death of the owner. However, we may continue to honor the transactions of the additional authorized signatory until:
(a) we have received written notice or have actual knowledge of the termination of authority, and (b) we have a reasonable opportunity to act on that notice or knowledge not to be less than ten (10) days. We may refuse to accept the designation of an additional authorized signatory.
RESTRICTIVE LEGENDS OR ENDORSEMENTS - The automated processing of the large volume of checks we receive prevents us from inspecting or looking for restrictive legends, restrictive endorsements or other special instructions on every check. For this reason, we are not required to honor any restrictive legend or endorsement or other special instruction placed on checks you write unless we have agreed in writing to the restriction or instruction. Unless we have agreed in writing, we are not responsible for any losses, claims, damages, or expenses that result from your placement of these restrictions or instructions on your checks. Examples of restrictive legends placed on checks are “must be presented within 90 days” or “not valid for more than $1,000.00.” The payee’s signature accompanied by the words “for deposit only” is an example of a restrictive endorsement.
MULTIPLE
ACCOUNT OWNERS
- If there is more than one account owner for your account, all deposits are the property of the person(s) indicated on the account. We may release all or any part of the amount in the account to honor checks, withdrawals, orders or requests from any person named as owner on this account. Any person named as owner on the account is liable for an amount equal to the overdrawn balance plus any overdraft fee regardless of whether he or she signed the item or benefitted from the proceeds of the item. Upon written notice from a person named on the account as an owner, we may freeze the account or close the account If frozen, the account may be frozen until we receive written notice, signed by all persons named on the account as owners, as to disposition of funds. We may also freeze the account upon receipt of notice of the death or incapacity of an account owner until we have received all necessary documentation to establish whom payment should be made. We may use the funds to satisfy a debt or judgment of any person named on this account if ordered to do so by a court of law through an execution or otherwise.
Any additional authorized signatory on a joint account must be appointed by all account owners and is merely designated to conduct transactions on the owners' behalf. The owners do not give up any rights to act on the account by appointing an additional authorized signatory, and the additional authorized signatory may not in any manner affect the rights of the owners or beneficiaries, if any, other than be withdrawing funds from the account. The owners are responsible for any transactions of the additional authorized signatory. We undertake no obligation to monitor transactions to determine that they are on the owners' behalf.
The owners may terminate the authorization of additional authorized signatories at any time, and the authorization is automatically terminated upon the death of the last surviving account owner. However, we may continue to honor the transactions of the additional authorized signatory until: (a) we have received written notice or have actual knowledge of the termination of authority, and (b) we have a reasonable opportunity to act on that notice or knowledge not to be less than ten (10) days.
POWER OF ATTORNEY - If you wish to name another person to act as your attorney-in-fact in connection with your individual or joint account, we must approve the power of attorney document and we must have had a banking relationship with at least one account owner or the attorney-in-fact for at least six (6) months. An attorney-in-fact may not be added to joint accounts unless the attorney-in-fact is authorized through a power of attorney document for each account owner. Notwithstanding the preceding sentence, an attorney-infact appointed by any account owner may close a joint account provided such action is authorized by the power of attorney document No attorney-in-fact may appoint themselves as pay-on-death beneficiary or other beneficiary on any account unless authorized by the power of attorney document for each account owner.
NAME CHANGES - If any individual account owner, joint account owner, attorney-in-fact on any account, or additional signatory on any account notifies us of a change to their legal name, we may change the name of the individual as listed on any of your accounts with or with without notice to you. We will not be liable to you for any loss, liability, claim, damage or expense arising out of any act done by us in reliance upon such legal name change. FACSIMILE SIGNATURES - You must make advance arrangements in writing with us, including, but not limited to, entering our required Indemnification Agreement, in order for us to honor facsimile signatures on your checks or other orders. If we do agree to honor items containing facsimile signatures, you authorize us, at any time, to charge you for all checks, drafts, or other orders, for the payment of money, that are drawn on us. You give us this authority regardless of by whom or by what means the facsimile signature(s) may have been affixed. You must notify us at once if you suspect that your facsimile is being or has been misused.
Notwithstanding the foregoing, for withdrawal and other purposes relating to any account that you have with us, you agree that we are not obligated to accept or pay any items bearing facsimile signatures and that we will not be liable to you for refusing to honor facsimile-signed instruments or instructions. For items signed using any facsimile form of signature, you agree that it is solely for your benefit and convenience. You further agree that no facsimile signature we agree to honor may be considered a forgery or an unauthorized signature and that every such facsimile signature shall be effective as your own original, manual signature. You hereby accept sole responsibility for maintaining security over any device affixing the facsimile signature and sole responsibility for any authorized or unauthorized use of such device. You agree that we, in honoring drafts and/or checks which bear the facsimile signature of you or your authorized agent or a facsimile signature resembling
or purporting to be such a facsimile signature, may rely upon such facsimile signature. You further agree that such reliance shall be valid regardless of by whom or by what means the same may have been imprinted on said checks and/or drafts, and that any such facsimile signature or any such facsimile signature so relied on shall be as valid, effectual, conclusive and binding for all purposes upon you as if the same had in fact been endorsed manually by you or on your behalf by your duly authorized officer, employee or agent. You agree to indemnify and hold us harmless, our officers, employees, agents, successors, and assigns, from and against any and all loss, liability, claim, damage or expense (whether such claim be groundless or otherwise), including costs, disbursements and attorneys' fees, arising out of any act done in reliance upon the authenticity of any such facsimile signature or any such facsimile signature resembling or purporting to be such facsimile signature.
CHECK PROCESSING - We process items mechanically by relying solely on the information encoded in magnetic ink along the bottom of the items. This means that we do not individually examine all of your items to determine if the item is properly completed, signed and endorsed or to determine if it contains any information other than what is encoded in magnetic ink. You agree that we have exercised ordinary care if our automated processing is consistent with general banking practice, even though we do not inspect each item. Because we do not inspect each item, if you write a check to multiple payees, we can properly pay the check regardless of the number of endorsements unless you notify us in writing that the check requires multiple endorsements. We must receive the notice in time for us to have a reasonable opportunity to act on it, and you must tell us the precise date of the check, amount, check number and payee. We are not responsible for any unauthorized signature or alteration that would not be identified by a reasonable inspection of the item. Using an automated process helps us keep costs down for you and all account holders.
ENDORSEMENTS - We may accept for deposit any item payable to you or your order, even if they are not endorsed by you. We may give cash back to any one of you. We may supply any missing endorsement(s) for any item we accept for deposit or collection, and you warrant that all endorsements are genuine.
To ensure that your check or share draft is processed without delay, you must endorse it (sign it on the back) in a specific area Your entire endorsement (whether a signature or a stamp) along with any other endorsement information (e.g. additional endorsements, ID information, driver’s license number, etc.) must fall within 1 1/2 ” of the “trailing edge” of a check. Endorsements must be made in blue or black ink, so that they are readable by automated check processing equipment.
As you look at the front of a check, the “trailing edge” is the left edge. When you flip the check over, be sure to keep all endorsement information within 11/2” of that edge.
TRAILING EDGE
YOUR ENDORSEMENT MUST BE WITHIN THIS AREA
1 1/2"
Keep your endorsement out of this area.
BACK OF CHECK
It is important that you confine the endorsement information to this area since the remaining blank space will be used by others in the processing of the check to place additional needed endorsements and information. You agree that you will indemnify, defend, and hold us harmless for any loss, liability, damage or expense that occurs because your endorsement, another endorsement or information you have printed on the back of the check obscures our endorsement.
These endorsement guidelines apply to both personal and business checks. DEATH OR INCOMPETENCE - You agree to notify us promptly if any person with a right to withdraw funds from your account(s) dies or is adjudicated (determined by the appropriate official) incompetent We may continue to honor your checks, items, and instructions until: (a) we know of your death or adjudication of incompetence, and (b) we have had a reasonable opportunity to act on that knowledge not to be less than ten (10) days. You agree that we may pay or certify checks drawn on or before the date of death or adjudication of incompetence for up to ten (10) days after your death or adjudication of incompetence unless ordered to stop payment by someone claiming an interest in the account.
FIDUCIARY ACCOUNTS - Accounts may be opened by a person acting in a fiduciary capacity. A fiduciary is someone who is appointed to act on behalf of Memo
and for the benefit of another. We are not responsible for the actions of a fiduciary, including the misuse of funds. This account may be opened and maintained by a person or persons named as a trustee under a written trust agreement, or as executors, administrators, or conservators under court orders. You understand that by merely opening such an account, we are not acting in the capacity of a trustee in connection with the trust nor do we undertake any obligation to monitor or enforce the terms of the trust or letters.
CREDIT VERIFICATION
- You agree that we may verify credit and employment history by any necessary means, including preparation of a credit report by a credit reporting agency.
LEGAL ACTIONS AFFECTING YOUR ACCOUNT
- If we are served with a subpoena, restraining order, writ of attachment or execution, levy, garnishment, search warrant, or similar order relating to your account (termed "legal action" in this section), we will comply with that legal action as required by applicable law. However, nothing in this agreement shall be construed as a waiver of any rights you may have under applicable law with regards to such legal action. Subject to applicable law, we may, in our sole discretion, choose to freeze the assets in the account and not allow any payments or transfers out of the account, or take other action as may be appropriate under the circumstances, until there is a final court determination regarding the legal action. We may do these things even if the legal action involves less than all of you. In these cases, we will not have any liability to you if there are insufficient funds to pay your items because we have withdrawn funds from your account or in any way restricted access to your funds in accordance with the legal action and applicable law. Any fees or expenses we incur in responding to any legal action (including, without limitation, attorneys' fees, and our internal expenses) may be charged against your account, unless otherwise prohibited by applicable law The list of fees applicable to your account(s) - provided elsewhere - may specify additional fees that we may charge for responding to certain legal actions.
ACCOUNT SECURITY -
Duty to protect account information and methods of access - It is your responsibility to protect the account numbers and electronic access devices (e.g , an ATM card) we provide you for your account(s). Do not discuss, compare, or share information about your account number(s) with anyone unless you are willing to give them full use of your money. An account number can be used by thieves to issue an electronic debit or to encode your number on a false demand draft which looks like and functions like an authorized check. If you furnish your access device and grant actual authority to make transfers to another person (a family member or coworker, for example) who then exceeds that authority, you are liable for the transfers unless we have been notified that transfers by that person are no longer authorized. Any oral notification must be followed by a written confirmation within ten (10) business days.
Your account number can also be used to electronically remove money from your account, and payment can be made from your account even though you did not contact us directly and order the payment.
You must also take precaution in safeguarding your blank checks. Notify us at once if you believe your checks have been lost or stolen. As between you and us, if you fail to exercise ordinary care in safeguarding your checks, you must bear the loss entirely yourself or share the loss with us (we may have to share some of the loss if we failed to use ordinary care and if we substantially contributed to the loss).
Positive pay and other fraud prevention services - Except for consumer electronic fund transfers subject to Regulation E, you agree that if we offer you services appropriate for your account to help identify and limit fraud or other unauthorized transactions against your account, and you reject those services, you will be responsible for any fraudulent or unauthorized transactions which could have been prevented by the services we offered. You will not be responsible for such transactions if we acted in bad faith or to the extent our negligence contributed to the loss. Such services include positive pay or commercially reasonable security procedures. If we offered you a commercially reasonable security procedure which you reject, you agree that you are responsible for any payment order, whether authorized or not, that we accept in compliance with an alternative security procedure that you have selected. The positive pay service can help detect and prevent check fraud and is appropriate for account holders that issue: a high volume of checks, a lot of checks to the general public, or checks for large dollar amounts. TELEPHONIC INSTRUCTIONS - Unless required by law or we have agreed otherwise in writing, we are not required to act upon instructions you give us via facsimile transmission or leave by voice mail or on a telephone answering machine.
CLAIM OF LOSS - The following rules do not apply to a transaction or claim related to a consumer electronic fund transfer governed by Regulation E (e.g., an everyday consumer debit card or ATM transaction). The error resolution procedures for consumer electronic fund transfers can be found in our initial Regulation E disclosure titled, “Electronic Fund Transfers.” For other transactions or claims, if you claim a credit or refund because of a forgery, alteration, or any other unauthorized withdrawal, you agree to cooperate with us in the investigation of the loss, including giving us an affidavit containing whatever reasonable information we require concerning your account, the transaction, and the circumstances surrounding the loss. You will notify law enforcement authorities of any criminal act related to the claim of lost, missing, or stolen checks or unauthorized withdrawals. We will have a reasonable period of time to investigate the facts and circumstances surrounding any claim of loss. Unless we have acted in bad faith, we will not be liable for special or consequential damages, including loss of profits or opportunity, or for attorneys’ fees incurred by you.
You agree that you will not waive any rights you have to recover your loss against anyone who is obligated to repay, insure, or otherwise reimburse you for your loss. You will pursue your rights or, at our option, assign them to us so that we may pursue them. Our liability will be reduced by the amount you recover or are entitled to recover from these other sources.
EARLY WITHDRAWAL PENALTIES (and involuntary withdrawals) - We may impose early withdrawal penalties on a withdrawal from a time account even if you don’t initiate the withdrawal. For instance, the early withdrawal penalty may be imposed if the withdrawal is caused by our setoff against funds in the account or as a result of an attachment or other legal process. We may close your account and impose the early withdrawal penalty on the entire available balance in the event of a partial early withdrawal. See your notice of penalty for early withdrawals for additional information.
ADDRESS OR NAME CHANGES - You are responsible for notifying us of any change in your address or your name. Unless we agree otherwise, change of address or name must be made in writing by at least one of the account holders. Informing us of your address or name change on a check reorder form is not sufficient. We will attempt to communicate with you only by use of the most recent address you have provided to us. If provided elsewhere, we may impose a service fee if we attempt to locate you.
RESOLVING ACCOUNT DISPUTES - We may place an administrative hold on the funds in your account (refuse payment or withdrawal of the funds) if it becomes subject to a claim adverse to (1) your own interest; (2) others claiming an interest as survivors or beneficiaries of your account; or (3) a claim arising by operation of law. The hold may be placed for such period of time as we believe reasonably necessary to allow a legal proceeding to determine the merits of the claim or until we receive evidence satisfactory to us that the dispute has been resolved. We will not be liable for any items that are dishonored as a consequence of placing a hold on funds in your account for these reasons.
WAIVER OF NOTICES - To the extent permitted by law, you waive any notice of non-payment, dishonor or protest regarding any items credited to or charged against your account. For example, if you deposit an item and it is returned unpaid or we receive a notice of nonpayment, we do not have to notify you unless required by federal Regulation CC or other law.
ACH AND WIRE TRANSFERS - This agreement is subject to Article 4A of the Uniform Commercial Code - Fund Transfers as adopted in the state in which you have your account with us. If you originate a fund transfer and you identify by name and number a beneficiary financial institution, an intermediary financial institution or a beneficiary, we and every receiving or beneficiary financial institution may rely on the identifying number to make payment. We may rely on the number even if it identifies a financial institution, person or account other than the one named. You agree to be bound by automated clearing house association rules. These rules provide, among other things, that payments made to you, or originated by you, are provisional until final settlement is made through a Federal Reserve Bank or payment is otherwise made as provided in Article 4A-403(a) of the Uniform Commercial Code. If we do not receive such payment, we are entitled to a refund from you in the amount credited to your account and the party originating such payment will not be considered to have paid the amount so credited. Credit entries may be made by ACH. If we receive a payment order to credit an account you have with us by wire or ACH, we are not required to give you any notice of the payment order or credit.
FORUM SELECTION - Unless you and we agree otherwise, to the greatest extent permitted by law, the state and federal courts in or for Wilson County, Tennessee will have exclusive jurisdiction over any disputes (except for disputes brought in small claims court) that are not subject to arbitration or over any action involving the applicability or enforceability of the section entitled Dispute Resolution by Binding Arbitration or any of its parts. You and we consent to the jurisdiction and venue of those courts, and waive any objections as to personal jurisdiction or venue or any right to seek to transfer or change venue to another court.
AMENDMENTS AND TERMINATIONS - You agree that we may change this agreement and the terms and conditions governing your account Changes may include deleting or modifying existing terms or rates or adding new terms or fees not otherwise contemplated when you opened your account, including new terms regarding how we will resolve preexisting or future disputes, whether informally, by litigating in specified courts or under specified rules, or through alternative dispute resolution, such as binding arbitration. We may convert existing accounts and services into new accounts and services or discontinue accounts or services. If a change to this agreement is material and adverse to you, we will give you reasonable notice in writing or by any method permitted by law. For example, unless otherwise required by law, a notice of the changes or a copy of the revised agreement (or a link to review it) may be sent to you at the mailing or email address on file with your account, via other electronic means, or included in a message on the statement for one of your accounts. Any changes will take effect immediately, unless stated otherwise in any notice we provide to you. We may, but do not have to, notify you of changes that we make for security reasons or that are otherwise not adverse to you. You are not required to agree to material changes that are adverse to you. If you wish to reject such a change, you must close your accounts before the effective date of the change. If we have notified you of a change and you continue to maintain your account after the effective date of the change, you have agreed to the new terms. Only one notice will be given in the case of joint account holders. We reserve the right to waive any term of this agreement However, such waiver shall not affect our right to enforce the term at a later date. Note: Rules governing changes in interest rates are provided separately in the Truth-In-Savings disclosure another document.
We may also suspend, modify, convert, or terminate a service, convert this account to another account type, or close this account for any reason at any time upon reasonable notice to you and, if we close the account, we will tender the available account balance to you personally or by mail. Reasonable notice depends on the circumstances, and in some cases such as when we cannot verify your identity or we suspect fraud, it might be reasonable for us to give you notice after the account closure becomes effective. For instance, if we suspect fraudulent activity with respect to your account, and if we deem it appropriate under the circumstances and necessary to prevent further fraud, we might immediately freeze or close your account and then give you notice. When you close your account, you are responsible for leaving enough money in the account to cover any outstanding items or transactions to be paid from the account. Once any outstanding items or transactions are paid, we will close the account and tender the account balance, if any, to you or your agent personally, by mail, or by another agreed upon method. Items or transactions presented for payment after the account is closed may be dishonored. Any deposits we receive after the account is closed may be returned. We will not be liable for any damages for not honoring any such debits or deposits received after the account is closed.
DISPUTE RESOLUTION BY BINDING ARBITRATION - This arbitration provision is optional. If you do not wish to accept it, you must follow the instructions in subsection (11) below to reject arbitration. Unless you timely reject arbitration, this arbitration provision is binding on you and us.
1. Claims Subject to Arbitration: Except as specified in subsection (2) below, any dispute or claim between you and us must be arbitrated if either party elects arbitration of that dispute or claim. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
• claims arising out of or relating to any aspect of the relationship between you and us, whether based in contract, tort, fraud, misrepresentation, or any other statutory or common-law legal theory;
•claims that arose before this or any prior agreement (including, but not limited to, claims relating to account or member applications);
•claims for mental or emotional distress or injury not arising out of bodily injury;
•claims asserted in a court of general jurisdiction against you or us, including counterclaims, cross-claims, or third-party claims, that you or we elect to arbitrate in the answer or other responsive pleading;
•claims relating to deposits, withdrawals, transfers between accounts, electronic funds transfers, wire transfers, bill payments, overdrafts, bounce protection, courtesy pay, signature cards, checks, account balances, fees, set-offs, stop-payment orders, statements and disclosures, Night Depositories, safe deposit boxes, and safekeeping services;
•claims relating to the use, transfer, security, or disclosure of information about you or your accounts;
•claims relating to communications with you, regardless of sender, concerning any of our products or services, including emails and automatically dialed calls and text messages; and
•claims that may arise after the termination of this agreement. In this arbitration provision only, references to “we,” “us,” and “our” mean Wilson Bank & Trust, its past, present, and future parents and affiliates, and each of those entity’s agents, employees, predecessors, successors, and assigns. In addition, references to “you” and “your” mean each account owner and all authorized or unauthorized users or beneficiaries of Wilson Bank & Trust products and services, and if the account owner is a business, its parents, subsidiaries, affiliates, predecessors, successors, assigns, and each of those entities’ agents and employees. This arbitration provision does not preclude you or us from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against you or us on the other’s behalf. Nor does this arbitration provision preclude either you or us from exercising self-help remedies (including setoff), and exercising such a remedy is not a waiver of the right to invoke arbitration of any dispute. You and we each waive the right to a trial by jury or to participate in a class action whenever either you or we elect arbitration. This agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this agreement.
2. Claims Not Subject to Arbitration : You and we agree that the following disputes or claims cannot be arbitrated under this arbitration provision:
• claims arising from bodily injury or death;
•claims seeking only individualized relief asserted by you or us in small claims court, so long as the action remains in that court and is not removed or appealed to a court of general jurisdiction, in which case either party may elect arbitration;
•claims relating to residential mortgages or an extension of credit under a separate agreement or note (such as a separate loan agreement, promissory note, or bank card agreement), which shall be governed by the dispute-resolution procedures set forth in that separate agreement or note; and
•disputes over the scope and enforceability of this Dispute Resolution by Binding Arbitration section, whether a dispute or claim can or must be brought in arbitration, or whether subsections (4) or (8) have been violated.
3.Pre-Arbitration Notice of Disputes and Informal Resolution: Before either you or we commence arbitration, the claimant must first send to the other a written Notice of Dispute (“Notice”). The Notice to us should be sent to: Wilson Bank & Trust, ATTN: Legal Department, 623 West Main Street, Lebanon, TN 37087 (“Notice Address”). The Notice to you will be sent to your address on file with
your account. The Notice must include: (a) the claimant’s name, address, and phone number; (b) the account number(s) at issue; (c) a description of the nature and basis of the claim or dispute; and (d) the specific relief sought. In addition, the Notice must be personally signed by you (if you are the claimant) or by a bank representative (if we are the claimant). Moreover, to safeguard your account, if you have retained an attorney to submit your Notice, you must also provide your signed written authorization for us to discuss your account and share your confidential account records with your attorney (“Attorney Authorization”).
Whoever sends the Notice must give the other party 60 days after receipt of a fully complete Notice (including your Attorney Authorization, if required) to investigate the claim. During that period, either you or we may request an individualized discussion (by telephone or videoconference) regarding settlement (“Informal Settlement Conference”). The parties must work together in good faith to select a mutually agreeable time during business hours for the Informal Settlement Conference (which can be after the 60-day period). You and a bank representative must personally participate in the Informal Settlement Conference, unless otherwise agreed in writing. Your and our lawyers (if any) also can participate.
Any applicable statute of limitations or contractual limitations periods will be tolled during the “Informal Resolution Period,” which is the period between when a fully complete Notice (and Attorney Authorization, if required) is received by the other party and the later of (i) 60 days later or (ii) the date an Informal Settlement Conference is completed, if timely requested.
4. Commencing Arbitration: An arbitration proceeding cannot be commenced until after the Informal Resolution Period has ended. A court will have authority to enforce this subsection, including the power to enjoin the filing or prosecution of arbitrations without first providing a fully complete Notice and participating in a timely requested Informal Settlement Conference. The court also may enjoin the assessment or collection of arbitration fees incurred as a result of such arbitrations. Further, unless prohibited by applicable law, the arbitration provider shall not accept nor administer any arbitration nor assess any fees unless the claimant has complied with the Notice and Informal Settlement Conference requirements of subsection (3).
5. Arbitration Procedure: The arbitration will be governed by the Consumer Arbitration Rules (“AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this arbitration provision, and will be administered by the AAA. (If the AAA is unavailable or unwilling to administer arbitrations consistent with this arbitration provision, another arbitration provider shall be selected by agreement of the parties or, if there is not agreement, by the court.) The AAA Rules are available online at www.adr.org or by writing to the Notice Address. As in court, you and we agree that any counsel representing someone in arbitration certifies that they will comply with the requirements of Federal Rule of Civil Procedure 11(b), including a certification that the claim or the relief sought is neither frivolous nor brought for an improper purpose. The arbitrator is authorized to impose any sanctions available under that rule, the AAA Rules, or applicable federal or state law against all appropriate represented parties and counsel. The arbitrator may consider rulings in arbitrations involving other customers, but an arbitrator’s ruling is not binding in proceedings involving other customers. Except as provided in subsection (8) below, the arbitrator shall apply the same substantive law that a court would apply and can award the same individualized remedies (including punitive and statutory damages and statutory attorney’s fees and costs) that a court could award under applicable law. Unless you and we agree otherwise, any arbitration hearings will take place in the county of your address on file with your account. The arbitrator may also conduct hearings by telephone or videoconference or issue rulings on the basis of motions. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
6. Minimum Recovery: During the arbitration, the amount of any settlement offer shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you are entitled. If you are the claimant, you had complied with this subsection and subsections (3) and (4), and the arbitrator awards you an amount of money that exceeds the value of our last written settlement to you before the appointment of the arbitrator, then we will pay you $1,000 in lieu of any smaller award (the “Minimum Recovery”). In determining whether you are entitled to the Minimum Recovery, the arbitrator shall not consider amounts offered or awarded for attorneys' fees or costs. Any disputes as to recovery of the Minimum Recovery shall be resolved by the arbitrator, and must be raised within 14 days of the arbitrator's ruling on the merits.
7. Arbitration Fees: Except as provided in subsection (9) below, we will pay all AAA filing, administration, case-management, hearing, and arbitrator fees (“AAA Fees”) if we initiate an arbitration, and the AAA Rules will govern the allocation of AAA Fees if you initiate an arbitration. But if your claims are valued at $10,000 or less, we will pay all AAA Fees (and reimburse you for any AAA Fees you paid), so long as you have fully complied with the requirements of subsections (3) and (4). If, however, the arbitrator finds that you violated the standards set forth in Federal Rule of Civil Procedure 11(b), then the payment of all AAA Fees will be governed by the AAA Rules. In such case, you agree to reimburse us for all monies previously disbursed that are otherwise your obligation to pay under the AAA Rules.
8. Requirement of Individual Arbitration : The arbitrator may award relief (including monetary, declaratory, or injunctive relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate the claims of more than one person (except for the claims of co- or joint account owners pertaining to that account), and may not otherwise preside over any form of a representative, class, or private attorney general proceeding. If, after exhaustion of all appeals, any of the prohibitions in this subsection are found to be unenforceable with respect to a particular claim or with respect to a particular request for relief (such as a request for injunctive relief), then that claim or request for relief shall be severed and decided by a court after all other claims and requests for relief are arbitrated.
9. Procedures for Complex Disputes: If you are a business and the relief sought by either you or us in an arbitration exceeds $75,000 in value (not counting amounts sought for punitive or treble damages or for attorneys’ fees or costs), then the AAA’s Commercial Arbitration Rules rather than the Consumer Arbitration Rules shall apply, and the Commercial Rules will govern the allocation of AAA Fees instead of subsection (7). If you are a consumer and the relief sought by either you or us in an arbitration exceeds $1,000,000 in value (not counting amounts sought for punitive, treble, or emotional harm damages or for attorneys’ fees or costs), then the same switch to the Commercial Arbitration Rules shall apply if both you and we agree. In addition, in such cases, regardless of whether you are a business or consumer customer, either party may appeal the final award to a three-arbitrator panel pursuant to the AAA’s Optional Appellate Rules by providing written notice within 30 days of the award. The appellant shall pay all fees and costs for the appeal unless the panel determines that the appellant is the prevailing party, in which case the panel shall have the discretion in its final award to reallocate the fees and costs as justice or otherwise applicable law requires. If there is a cross-appeal, the costs shall be borne equally by both sides, subject to reallocation by the panel in its final award as justice or otherwise applicable law requires.
10. Future Changes to Arbitration Provision: Notwithstanding any provision in this agreement to the contrary, you and we agree that if we make any future change to this arbitration provision (other than a change to the Notice Address), you may reject that change by sending us written notice, personally signed by you, within 30 days of the first notice of the change to the Notice Address provided above. By rejecting that future change, you are agreeing that you will arbitrate any dispute or claim between you and us in accordance with the language of this provision, as amended by any changes that you did not timely reject.
11. Right to Reject Arbitration Provision: If you do not wish to arbitrate, you may reject this arbitration provision by sending a rejection notice to the Notice Address above (“Rejection Notice”). To be valid, a Rejection Notice must: (a) include your name, account number(s), and a statement personally signed by you that you are rejecting the arbitration provision in this agreement; and (b) be received by us within 30 days after the opening of your account. If an arbitration provision has been added for the first time to the agreement for an existing account, your Rejection Notice must be postmarked on or before the effective date of that amendment to that agreement. If your Rejection Notice complies with these requirements, this arbitration provision will not apply to you with respect to any claims that you or we commence in litigation or arbitration after we receive your Rejection Notice. Rejecting this arbitration provision will not affect your other rights or responsibilities under this agreement. Nor will it affect any other arbitration agreements between you and us, such as arbitration provisions in other contracts between you and us. 12. Military Lending Act: If you are a covered member of the armed forces or the dependent of a covered member within the meaning of the Military Lending Act and your agreement with us involves an extension of consumer credit under that Act, then you are not required to arbitrate disputes.
ELECTRONIC FUND TRANSFERS YOUR RIGHTS AND RESPONSIBILITIES
Indicated below are types of Electronic Fund Transfers we are capable of handling, some of which may not apply to your account. Please read this disclosure carefully because it tells you your rights and obligations for the transactions listed. You should keep this notice for future reference. Electronic Fund Transfers Initiated By Third Parties. You may authorize a third party to initiate electronic fund transfers between your account and the third party’s account. These transfers to make or receive payment may be onetime occurrences or may recur as directed by you. These transfers may use the Automated Clearing House (ACH) or other payments network. Your authorization to the third party to make these transfers can occur in a number of ways. For example, your authorization to convert a check to an electronic fund transfer or to electronically pay a returned check charge can occur when a merchant provides you with notice and you go forward with the transaction (typically, at the point of purchase, a merchant will post a sign and print the notice on a receipt). In all cases, these third party transfers will require you to provide the third party with your account number and bank information. This information can be found on your check as well as on a deposit or withdrawal slip. Thus, you should only provide your bank and account information (whether over the phone, the Internet, or via some other method) to trusted third parties whom you have authorized to initiate these electronic fund transfers. Examples of these transfers include, but are not limited to:
•Preauthorized credits. You may make arrangements for certain direct deposits to be accepted into your checking or savings account(s).
•Preauthorized payments. You may make arrangements to pay certain recurring bills from your checking or savings account(s).
•Electronic check conversion. You may authorize a merchant or other payee to make a one-time electronic payment from your checking account using information from your check to pay for purchases or pay bills.
• Electronic returned check charge. You may authorize a merchant or other payee to initiate an electronic funds transfer to collect a charge in the event a check is returned for insufficient funds.
Telephone Banker Transfers - types of transfers - You may access your account by telephone 24 hours a day at 1-877-222-0444 using your personal identification number, a touch tone phone, your account numbers, and social security number, to:
• transfer funds from checking to checking
• transfer funds from checking to savings
• transfer funds from savings to checking
• transfer funds from savings to savings
• transfer funds from checking to line of credit
• transfer funds from savings to line of credit
• make payments from checking to loan account(s) with us
• make payments from savings to loan account(s) with us
• get information about:
- the account balance of checking or savings account(s)
- the account balance of loan account(s)
ATM Transfers - types of transfers and dollar limitations - You may access your account(s) by ATM using your ATM Card and personal identification number or Debit Card and personal identification number, to:
• make deposits to checking or savings account(s) with an ATM or debit card
• get cash withdrawals from checking or savings account(s) with an ATM or debit card
- you may withdraw no more than $500.00 per day
• transfer funds from savings to checking account(s) with an ATM or debit card
• transfer funds from checking to savings account(s) with an ATM or debit card
• get information about:
- the account balance of your checking or savings account(s)
• with an ATM card
• with a debit card
Some of these services may not be available at all terminals.
Types of ATM Card Point-of-Sale Transactions - You may access your checking account(s) to purchase goods (in person), pay for services (in person), get cash from a merchant, if the merchant permits, or from a participating financial institution, and do anything that a participating merchant will accept Point-of-Sale Transactions - dollar limitations - Using your card:
• you may not exceed $2,500.00 in transactions per day
Types of Debit Card Point-of-Sale Transactions - You may access your checking account(s) to purchase goods (in person, online, or by phone), pay for services (in person, online, or by phone), get cash from a merchant, if the merchant permits, or from a participating financial institution, and do anything that a participating merchant will accept
Point-of-Sale Transactions - dollar limitations - Using your card:
• you may not exceed $2,500.00 in transactions per day
Currency Conversion. If you initiate a transaction with your MasterCard®branded Debit Card in a currency other than US Dollars, Mastercard will convert the charge into a US Dollar amount. The Mastercard currency conversion procedure is based on rates observed in the wholesale market or, where applicable, on government-mandated rates. The currency conversion rate Mastercard generally uses is the rate for the applicable currency that is in effect on the day the transaction occurred However, in limited situations, particularly where Mastercard transaction processing is being delayed, Mastercard may instead use the rate for the applicable currency in effect on the day the transaction is processed. The currency conversion rate used by Mastercard may not be the rate most favorable to you.
Advisory Against Illegal Use. You agree not to use your card(s) for illegal gambling or other illegal purpose. Display of a payment card logo by, for example, an online merchant does not necessarily mean that transactions are lawful in all jurisdictions in which the cardholder may be located.
Please see your cardholder agreement for additional information relating to the use of your ATM and Debit cards.
Online Banking Transfers - types of transfers - You may access your account(s) by the browser on your computer through the internet by logging onto our website at www.wilsonbank.com and using your user identification number and password, to:
• transfer funds from checking to checking
• transfer funds from checking to savings
• transfer funds from savings to checking
• transfer funds from savings to savings
• transfer funds from a line of credit to a checking or savings account
• make payments from checking or savings to loan account(s) with us
• make payments from checking to third parties (Bill Pay)
• get information about:
- the account balance of checking or savings account(s)
- the account balance of loan account(s)
Mobile Banking Transfers - types of transfers - You may access your account(s) through the browser on your cell or mobile phone at www.wilsonbank com or by downloading our mobile banking app and using your user identification and password, to:
• transfer funds from checking to checking
• transfer funds from checking to savings
• transfer funds from savings to checking
• transfer funds from savings to savings
• transfer funds from person to person
• transfer funds from line of credit to a checking or savings account
• make payments from checking to third parties (Bill Pay)
• make payments from checking to loan account(s) with us
• get information about:
- the account balance of checking or savings account(s)
- the account balance of loan account(s)
You may be charged access fees by your cell phone provider based on your individual plan. Web access is needed to use this service. Check with your cell phone provider for details on specific fees and charges.
Health Savings Accounts (HSA). We permit some electronic fund transfers to and/or from your HSA. The electronic fund transfers we permit are offered for the convenience of managing your HSA. However, electronically moving funds to or from your HSA – for example, depositing more than the allowable amount, or getting additional cash back on an HSA debit card transaction – can raise a variety of tax concerns. As a result, before electronically accessing any account you may have with us, it is a good practice to make sure you are using the correct access device (such as a card) or accessing the appropriate account for the transaction Also, it is your responsibility to ensure the contributions, distributions, and other actions related to your HSA, comply with the law, including federal tax law. As always, we recommend consulting a legal or tax professional if you have any questions about managing your HSA. The terms of this disclosure are intended to work in conjunction with the HSA Agreement provided to you earlier. In the event of a conflict, the terms of the HSA Agreement control. You understand that your HSA is intended to be used for payment of qualified medical expenses. It is your responsibility to satisfy any tax liability resulting from use of your HSA for any purpose other than payment or reimbursement of qualified medical expenses. We do not monitor the purpose of any transaction to or from your HSA. Nor are we responsible for ensuring your eligibility for making contributions or ensuring withdrawals are used for payment or reimbursement of qualified medical expenses. Refer to your HSA Agreement for more information relating to the use of your HSA.
FEES
• We do not charge for direct deposits to any type of account.
• We do not charge for preauthorized payments from any type of account. Except as indicated elsewhere, we do not charge for these electronic fund transfers.
ATM Operator/Network Fees. When you use an ATM not owned by us, you may be charged a fee by the ATM operator or any network used (and you may be charged a fee for a balance inquiry even if you do not complete a fund transfer).
DOCUMENTATION
•Terminal transfers. You can get a receipt at the time you make a transfer to or from your account using an automated teller machine or point-of-sale terminal. However, you may not get a receipt if the amount of the transfer is $15 or less.
• Preauthorized credits. If you have arranged to have direct deposits made to your account at least once every 60 days from the same person or company, you can call us at 1-844-928-2265 to find out whether or not the deposit has been made.
• Periodic statements.
You will get a monthly account statement from us for your checking accounts.
You will get a monthly account statement from us for your savings accounts.
PREAUTHORIZED PAYMENTS
•Right to stop payment and procedure for doing so. If you have told us in advance to make regular payments out of your account, you can stop any of these payments. Here is how:
Call or write us at the telephone number or address listed in this disclosure in time for us to receive your request 3 business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within 14 days after you call.
Please refer to our separate fee schedule for the amount we will charge you for each stop-payment order you give.
•Notice of varying amounts. If these regular payments may vary in amount, the person you are going to pay will tell you, 10 days before each payment, when it will be made and how much it will be. (You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.)
• Liability for failure to stop payment of preauthorized transfer. If you order us to stop one of these payments 3 business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.
FINANCIAL INSTITUTION’S LIABILITY
Liability for failure to make transfers. If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
(1) If, through no fault of ours, you do not have enough money in your account to make the transfer.
(2) If you have an overdraft line and the transfer would go over the credit limit.
(3) If the automated teller machine where you are making the transfer does have enough cash.
(4) If the automated teller machine terminal or system was not working properly and you knew or were advised about the breakdown when you started the transfer.
(5) If circumstances beyond our control including, but not limited to, fire, flood or other natural catastrophe or act of God, bacterial or viral outbreak, domestic or foreign terrorism act or attack, or government curfew or order prevent the transfer, despite reasonable precautions that we have taken.
(6) There may be other exceptions stated in our agreement with you.
CONFIDENTIALITY
We will disclose information to third parties about your account or the transfers you make:
(1) where it is necessary for completing transfers; or
(2) to verify the existence and condition of your account for a third party, such as a credit bureau or merchant; or
(3) to comply with government agency or court orders; or
(4) as explained in our Privacy Disclosure; or
(5) if you give us written permission.
UNAUTHORIZED TRANSFERS
(a) Consumer liability.
• Tell us AT ONCE if you believe your card and/or code has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission using information from your check. Telephoning is the best way of seeking to minimize your possible losses. Any notification delay could cause you to lose all the money in your account (plus your maximum overdraft line of credit). If you tell us within 2 business days after you learn of the loss or theft of your card and/or code, you can lose no more than $50 if someone used your card and/or code without your permission.
If you do NOT tell us within 2 business days after you learn of the loss or theft of your card and/or code, and we can prove we could have stopped someone from using your card and/or code without your permission if you had told us, you could lose as much as $500.
Also, if your statement shows transfers that you did not make, including those made by card, code or other means, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, provided to you, delivered to you electronically, or otherwise made available to you electronically, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time.
If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.
•Additional Limits on Liability for MasterCard®-branded Debit Card. You will not be liable for any unauthorized transactions using your MasterCard®-branded Debit Card if: (i) you can demonstrate that you have exercised reasonable care in safeguarding your card from the risk of loss or theft, and (ii) upon becoming aware of a loss or theft, you promptly report the loss or theft to us.
(b) Contact in event of unauthorized transfer. If you believe your card and/or code has been lost or stolen, call us at the telephone number or write us at the address listed in this disclosure. You should also call the number or write to the address listed in this disclosure if you believe a transfer has been made using the information from your check without your permission.
ERROR RESOLUTION NOTICE
In Case of Errors or Questions About Your Electronic Transfers, Call us at the telephone number or write us at the address listed in this disclosure, as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we mailed to you, provided to you, delivered to you electronically, or otherwise made available to you electronically the FIRST statement on which the problem or error appeared.
(1) Tell us your name and account number (if any).
(2) Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
(3) Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.
We will determine whether an error occurred within 10 business days (20 business days if the transfer involved a new account) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days if the transfer involved a new account, a point-ofsale transaction, or a foreign-initiated transfer) from when we heard from you to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days (20 business days if the transfer involved a new account) for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account. Your account is considered a new account for the first 30 days after the first deposit is made, unless each of you already has an established account with us before this account is opened.
We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation.
You may ask for copies of the documents that we used in our investigation. WILSON BANK AND TRUST Attention EFT Dept.
P.O. BOX 768
LEBANON, TENNESSEE 37088
Business Days: Monday through Saturday Excluding Federal Holidays Phone: 1-844-928-2265
MORE DETAILED INFORMATION IS AVAILABLE ON REQUEST
YOUR ABILITY TO WITHDRAW FUNDS
The following policy applies to all consumer purpose demand deposit accounts (checking accounts). It does not apply to money market accounts, money fund accounts, saver accounts, savings accounts, or the club accounts.
Our policy is to make funds from your check deposits available to you on the second business day after the day we receive your deposit, with the first $225 available on the first business day after the day of your deposit. Electronic direct deposits will be available on the day we receive the deposit. Cash, wire transfers, and some specified check deposits will also be available before the second business day, as detailed below. Once the funds are available, you can withdraw them in cash and we will use the funds to pay checks that you have written.
Please remember that even after we have made funds available to you, and you have withdrawn the funds, you are still responsible for checks you deposit that are returned to us unpaid and for any other problems involving your deposit.
For determining the availability of your deposits, every day is a business day, except Saturdays, Sundays, and federal holidays. If you make a deposit before closing on a business day that we are open, we will consider that day to be the day of your deposit. However, if you make a deposit after closing or on a day we are not open, we will consider that the deposit was made on the next business day we are open.
If you make a deposit at a Wilson Bank & Trust ATM, the cut-off time is 3:00 p.m. local time (cutoff times may be later on some days or at some locations), on a business day that we are open and we will consider that day to be the day of your deposit. However, if you make a deposit at a Wilson Bank & Trust ATM after 3:00 p.m. local time, or on a day we are not open, we will consider the deposit as made on the next business day we are open.
Same-Day Availability
Funds from electronic direct deposits to your account will be available on the day we receive the deposit.
Next-Day Availability
Funds from the following deposits are available on the first business day after the day of your deposit:
U.S. Treasury checks that are payable to you.
Wire transfers.
Checks drawn on Wilson Bank and Trust
If you make the deposit in person to one of our employees, funds from the following deposits are also available on the first business day after the day of your deposit: Cash.
State and local government checks that are payable to you.
Cashier’s, certified, and teller’s checks that are payable to you.
Federal Reserve Bank checks, Federal Home Loan Bank checks, and postal money orders, if these items are payable to you.
If you do not make your deposit in person to one of our employees (for example, if you mail the deposit), funds from these deposits will be available on the second business day after the day we receive your deposit.
Other Check Deposits Subject to Second-Day Availability
The first $225 from a deposit of other checks will be available on the first business day after the day of your deposit. The remaining funds will be available on the second business day after the day of your deposit.
For example, if you deposit a check of $700 on a Monday, $225 of the deposit is available on Tuesday. The remaining $475 is available on Wednesday
LONGER DELAYS MAY APPLY
If we are not going to make all of the funds from your deposit available according to the preceding schedule, we will notify you at the time you make your deposit. We will also tell you when the funds will be available. If your deposit is not made directly to one of our employees, or if we decide to take this action after you have left the premises, we will mail you the notice by the day after we receive your deposit.
If you will need the funds from a deposit right away, you should ask us when the funds will be available.
Safeguard exceptions. In addition, funds you deposit by check may be delayed for a longer period under the following circumstances:
We believe a check you deposit will not be paid.
You deposit checks totaling more than $5,525 on any one day.
You redeposit a check that has been returned unpaid.
You have overdrawn your account repeatedly in the last six months.
There is an emergency, such as failure of computer or communications equipment.
We will notify you if we delay your ability to withdraw funds for any of these reasons, and we will tell you when the funds will be available. They will generally be available no later than the seventh business day after the day of your deposit.
SPECIAL RULES FOR NEW ACCOUNTS
If you are a new customer, the following special rules will apply during the first 30 days your account is open.
Funds from electronic direct deposits to your account will be available on the day we receive the deposit. Funds from deposits of cash, wire transfers, and the first $5,525 of a day’s total deposits of cashier’s, certified, teller’s, traveler’s, and federal, state and local government checks will be available on the first business day after the day of your deposit if the deposit meets certain conditions. For example, the checks must be payable to you (and you may have to use a special deposit slip). The excess over $5,525 will be available on the seventh business day after the day of your deposit. If your deposit of these checks (other than a U.S. Treasury check) is not made in person to one of our employees, the first $5,525 will not be available until the second business day after the day of your deposit.
Funds from all other check deposits will be available on the seventh business day after the day of your deposit.
DEPOSITS AT AUTOMATED TELLER MACHINES
Funds from any deposits (cash or checks) made at automated teller machines (ATMs) we own or operate will be available on the second business day after the day of deposit, except that U.S. Treasury checks that are payable to you will be available on the first business day after the day of deposit. Also, the first $225 of a deposit will be available on the first business day after the day of deposit. Checks drawn on Wilson Bank and Trust will be available on the first business day after the day of deposit if the deposit is made at an ATM located on our premises.

Wilson Bank & Trust’s Overdraft Privilege Program
At Wilson Bank & Trust we encourage you to manage your finances responsibly to prevent overdrafts. However, we understand occasionally you may make mistakes in managing your checking account or otherwise encounter situations where you inadvertently do not have enough funds available in your checking account to pay an item (such as a check) or transaction (such as a preauthorized transfer). With these times in mind, Wilson Bank & Trust provides the Overdraft Privilege program described below
Overdraft Privilege is an automated overdraft service through which we will strive to pay your checks, bill pay transactions, recurring debit card transactions, and ACH debits (commonly referred to as “direct payments” or “automatic transfers”) when there are not enough funds available in your account to pay those items or transactions. Should you choose to opt in to an additional service (described below), the Overdraft Privilege feature can be extended to include your ATM and everyday debit card transactions. An “everyday debit card transaction” is a one-time transaction initiated with your debit card through an ATM or point of sale terminal or by using your card number to initiate a one-time transaction by telephone or computer.
As used hereafter, “items and transactions” means your ACH debits, checks, bill pay transactions and recurring debit card transactions, and if you choose to extend the Overdraft Privilege feature, to your ATM and everyday debit card transactions.
How Does Overdraft Privilege work?
Financial institutions are required to operate in accordance with safety and soundness standards, and are encouraged to ensure that their account holders have the ability to repay overdrawn balances before paying items or transactions that overdraw an account on their behalf We have chosen to utilize an automated system based on algorithms, or a set of rules, that perform a daily evaluation of all accounts to determine whether the account holder appears to have the ability to repay an overdrawn balance and, if so, how much. The software weighs numerous variables, including but not limited to:
▪ Age of account
▪ Deposit amounts and regularity
▪ Previous overdraft activity and repayments
▪ Account status
▪ Status of loan obligations
Based on the evaluation of all the variables, the automated system will assign an individualized overdraft limit to each enrolled account. Wilson Bank & Trust will then strive to pay ACH debits, checks, bill pay transactions and recurring debit card transactions only up to the assigned limit, even if there are not enough funds available in your account to pay such items or transactions. Should you wish to extend this service to cover your ATM and everyday debit card transactions, you will be asked to review further information regarding this coverage, and affirmatively opt in to this additional service. The required form and related information necessary to opt in may be obtained at any of our office locations or online at www.wilsonbank.com.
We are not obligated to pay any item or transaction presented for payment if there are not enough funds available in your account to pay that item or transaction even if you are enrolled in the Overdraft Privilege program. In general and in our discretion, however, when you are enrolled in the Overdraft Privilege program we strive to pay your items and transactions if they fall within the amount of your unused overdraft limit.
Overdraft Privilege Limits
If your new account is eligible for Overdraft Privilege, you will be given a preliminary limit of $100 for the first 30 calendar days. At the end of the 30 day period the system will assign an individualized limit between $0 and $1750 for personal (household use) accounts, and between $0 and $2500 for business accounts. The Overdraft Privilege limit assigned to your account can change as frequently as daily. However, most customers maintain a standard deposit and spending pattern, which typically allows for a fairly consistent amount of privilege available. Any items or transactions presented, individually or collectively, that exceed your overdraft limit may be declined or returned unpaid.
An overdraft limit of $0 on a given day does not mean that you have been removed from the Overdraft Privilege program. As long as you are eligible for the overdraft program, the system will continue to evaluate your account daily and could increase the limit above $0 on a future day. Please also note that when our system sets an overdraft limit of $0, your item or transaction still may be paid into overdraft because we reserve the right to pay or return items or transactions at our discretion. However, a $0 Overdraft Privilege limit does substantially increase the likelihood that we will not pay an item or transaction when there are not enough funds available in your account to pay that item or transaction.
Cost/Fees
There is no cost to you for the Overdraft Privilege service unless you use it. Each time we pay an item or transaction using the Overdraft Privilege Service, a $38 Overdraft Item Fee is charged and is deducted from your Overdraft Privilege limit, along with the amount of the item or transaction paid. Should your account remain overdrawn for 7 or more consecutive calendar days, beginning on the 7th consecutive calendar day, we will charge an additional $5.00 Consecutive Overdraft Daily Fee for that day (if it is a business day) and each business day thereafter until the account is no longer overdrawn. (Note: we do not charge an Overdraft Item Fee for transactions of less than $5.00, or for items overdrawing the account for less than $5.00. Nor do we charge a Consecutive Overdraft Daily Fee when your account is overdrawn by less than $5.00.)
Repayment
You are responsible for repaying the amount of any overdrawn balance and applicable fees. You should make every attempt to bring your account to a positive balance as soon as possible, and must do so within 30 days, without notice or demand from us. Subsequent deposits will be applied to the overdrawn balance.
Returned Items or Transactions
Please be aware that when an item or transaction is presented for payment in an amount that is more than the funds in your account, in our discretion we may decide not to pay the item or transaction even if you are enrolled in the Overdraft Privilege program. Should we decline to pay the item or transaction, we can charge you a Return Item Fee for returning the item or transaction. Please also be aware that an item or transaction may be presented for payment multiple times, and that we do not monitor or control the number of times an item or transaction is presented for payment. In our discretion, we may charge a Return Item Fee each time an item or transaction is presented for payment if there are not enough funds available in your account to pay the item or transaction each time it is presented. Currently, our Return Item Fee is $38 for each returned item or transaction and there is no limit on the number of Return Item Fees we may charge on an item that is presented multiple times
Monitoring your account
It is important you manage and keep track of your checking account balance and activity. To help you avoid spending more than you have in your account, which may result in Overdraft Item Fees, Consecutive Overdraft Daily Fees, and Return Item Fees, you can access and monitor your account by calling our toll-free Telephone Banking number at 1-877-222-0444, by logging in to your Online Banking or Mobile Banking Account, or by speaking with a bank representative at any of our office locations
In addition, to help you manage your account, the total Overdraft Item Fees, Consecutive Overdraft Daily Fees, and Return Item Fees you have paid during the current statement cycle, and for the current year-to-date period, will be reflected on your monthly periodic checking account statement.
Eligibility Requirement and Bank revocation of Overdraft
Privilege service
Wilson Bank & Trust reserves the right not to allow participation in or to revoke your Overdraft Privilege service in the following event(s), without limitation:
• there is suspected fraudulent activity on the account
• it appears the account is being used as a regular line of credit by creating excessive overdrafts
• your account or any past account was closed and charged off due to an unpaid amount owed by you to Wilson Bank & Trust
• you or your account is subject to a known bankruptcy.
Declining participation in the Overdraft Privilege Program
If you prefer to not be enrolled in the Overdraft Privilege program, you may opt out at any time by simply signing an Overdraft Privilege Maintenance form and choosing to “decline” this service. This form may be obtained in any of our office locations or online at www.wilsonbank.com. Please note, however, that, even if you opted out of the Overdraft Privilege program, items or transactions may still be paid into overdraft when there are not enough funds available in your account to pay such items or transactions This typically occurs when your debit card is used for recurring transactions, such as bill payments using your debit card that have been set up to pay on a recurring basis. We may also, at our discretion, honor withdrawal requests that overdraw your account. However, the fact that we may honor withdrawal requests that overdraw the account balance does not obligate us to do so later.
Additional Overdraft Coverage Options
Incurring Overdraft Item Fees, Consecutive Overdraft Daily Fees, or Return Item Fees can become quite expensive, especially if there are frequent presentments of the same or multiple items or transactions for payment when there are not enough funds available in your account to pay the items or transactions. We do have other less costly options available for addressing these situations:
Sweep transfer- This is an automated transfer of funds between two of your accounts at Wilson Bank & Trust, allowing funds from one account to pay items or transactions presented for payment on the other account that does not have enough funds available to pay the items or transactions To learn more about this option, please speak with a bank representative at any of our offices or go online at www.wilsonbank.com.
Line of Credit- This is an unsecured loan available to pay items or transactions presented for payment on a deposit account that does not have enough funds available to pay the items or transactions To apply, please speak with a loan officer or other bank representative at any of our offices, or apply online at https://wilsonbank.loanwebcenter.com.
Bank Discretion
Paying an item or transaction when there are not enough funds available in your account to pay the item or transaction is discretionary on the part of Wilson Bank & Trust. We do not guarantee that we will pay any item or transaction presented when there are not enough funds available in your account to pay the item or transaction, even if we have paid an item or transaction in the past Furthermore, the occurrence of service charges (such as Overdraft Item Fees, Consecutive Overdraft Daily Fees, and Return Item Fees) of any kind does not obligate us to pay items or transactions in the future. While we will notify you of any item or transaction that was paid or returned when there are not enough funds available in your account to pay such item or transaction, we are not obligated to provide prior written notice of the decision to pay or refuse payment.
The Terms and Conditions of Your Account agreement was provided to you when you opened your account This agreement prescribes our respective duties, obligations and rights, as well as those of the Authorized Signatories with regard to your account. It contains important additional information relevant to overdrafts, returned items, and order of payment of items and transactions. The Terms and Conditions of Your Account agreement supersede this Overdraft Privilege Program description in any potential conflict of terms.
You were also provided with a disclosure titled “Your Ability to Withdraw Funds” when you opened your account. The Your Ability to Withdraw Funds disclosure provides information on when funds deposited into your account will be available to you.
If you need additional copies of the Terms and Conditions of Your Account agreement or the Your Ability to Withdraw Funds disclosure, please speak with a bank representative at any of our offices

What YouNeed to Knowabout Overdrafts andOverdraft Fees
An overdraftoccurswhenyoudonothaveenoughmoney inyour account tocovera transaction, butwepay itanyway.Wecan coveryouroverdrafts indifferent ways:
• Wehavestandard overdraftpractices that come with youraccount.
• We alsoofferoverdraftprotectionplans, suchasalinktoa lineof creditwhichmaybelessexpensive thanour standard overdraftpractices.Tolearnmore, askusabout theseplans.
• ALinktoAnotherAccount
Thisnotice explainsour standardoverdraftpractices.
WHATARETHE STANDARD OVERDRAFT PRACTICES THATCOME WITH MY ACCOUNT?
We doauthorize and pay overdrafts for the following typesof transactions:
• Checks andothertransactionsmadeusing your checking accountnumber
• Automatic billpayments
We donotauthorize and pay overdrafts for the followingtypesoftransactions unlessyouaskusto (see below):
• ATMtransactions
• Everydaydebit cardtransactions
We payoverdrafts atourdiscretion, whichmeanswedonotguarantee thatwe willalwaysauthorize and payany typeof transaction.
If wedonot authorize and pay anoverdraft, your transactionwill bedeclined.
WHAT FEESWILL IBE
CHARGED IFWILSONBANK & TRUSTPAYS MYOVERDRAFT?
Underourstandardoverdraftpractices:
• We willchargeyoua feeof up to $38.00each timewepayanoverdraft. If youraccount isoverdrawn for7ormore consecutive calendardays, wewillchargeanadditional$5.00 Consecutive OverdraftDailyFeebeginningonthe7thconsecutivecalendar day forthat day (ifitisabusiness day) andeachbusinessday thereafter until the account isno longeroverdrawn.
• Thereisa limit of$190.00onthetotal feeswecan chargeyou for overdrawing your account per day.
WHAT IF I WANTWILSONBANK & TRUST TO AUTHORIZE AND PAY OVERDRAFTS ON MYATMAND EVERYDAY DEBIT CARDTRANSACTIONS?
If youalsowant ustoauthorize andpay overdraftsonATM and everyday debit cardtransactions, completethe formbelow andpresent it at anyof ourlocationsormail it to:
WilsonBank& Trust ATTN: Deposit Operations POBox768 Lebanon, TN 37088

WHAT IF IWANT TO REVOKEMYAUTHORIZATIONWITH WILSONBANK& TRUSTTOPAYOVERDRAFTS ON MYATMANDEVERYDAYDEBITCARD TRANSACTIONS?
Torevoke yourauthorization atWilsonBank & Trust topayoverdraftson your ATMandeverydaydebit card transactions, indicate bysigningbelow. Please bringthis completed form toanyone ofourWilsonBank& Trust locations or mail ittothe addressprovidedabove. Your revocationwillbe implementedas soonas feasiblypossible onceit isreceived.
I revokemypriorauthorization made tohaveWilsonBank & Trust payoverdraftsonmyATM andeverydaydebit card transactions.
Signature:
PrintedName:
Title:
Date:
AccountNumber(s):


FEE SCHEDULE
February 22, 2024
Please read the entire Account Agreement provided to you when your deposit account was opened for important terms addressing how and when Wilson Bank & Trust charges the fees set out below.
Please note the following increases: Safe Deposit Box Annual Rent by $10 for all
$10;
$10;
Check printing fees vary by the style of check ordered.
TABLE OF CONTENTS
TERMSANDCONDITIONS OF YOURACCOUNT
Please read this agreement carefully. It requires that disputes be resolved in binding individual arbitration rather than jury trials or class actions, unless you timely opt out of arbitration. For details (including instructions to opt out), see the section below titled Dispute Resolution by Binding Arbitration.
IMPORTANT ACCOUNT OPENING INFORMATION - Federal law requires us to obtain sufficient information to verify your identity. You may be asked several questions and to provide one or more forms of identification to fulfill this requirement. In some instances we may use outside sources to confirm the information. The information you provide is protected by our privacy policy and federal law.
AGREEMENT - This document, along with any other documents we provide/ make available to you pertaining to your account(s), is a contract (also referred to as “this agreement”) that establishes rules which control your account(s) with us. Please read these terms and conditions and those other documents carefully and retain it for future reference. If you open the account (whether in-person, electronically, or by any other method permitted by us) or continue to use the account after receiving a notice of change or amendment, you agree to these rules. You will receive a separate schedule of rates, qualifying balances, and fees if they are not included in this agreement. If you have any questions, please ask us.
This agreement is subject to applicable federal laws, the laws of the state of Tennessee and other applicable rules such as the operating letters of the Federal Reserve Banks and payment processing system rules (except to the extent that this agreement can and does vary such rules or laws). Except to the extent that federal law controls, all deposit accounts opened, including deposit accounts opened online, shall be governed by the laws of the state of Tennessee and shall be deemed for all purposes to be located in the state of Tennessee. The body of state and federal law that governs our relationship with you, however, is too large and complex to be reproduced here. The purpose of this document is to:
(1) summarize some laws that apply to common transactions;
(2) establish rules to cover transactions or events which the law does not regulate;
(3) establish rules for certain transactions or events which the law regulates but permits variation by agreement; and
(4) give you disclosures of some of our policies to which you may be entitled or in which you may be interested.
If any provision of this document is found to be unenforceable according to its terms, all remaining provisions will continue in full force and effect. We may permit some variations from our standard agreement, but we must agree in advance and in writing to any variation either on the signature card for your account or in some other document. Nothing in this document is intended to vary our duty to act in good faith and with ordinary care when required by law.
As used in this document the words “we,” “our,” and “us” mean the financial institution and the words “you” and “your” mean the account holder(s) and anyone else with the authority to deposit, withdraw, or exercise control over the funds in the account. However, this agreement does not intend, and the terms “you” and “your” should not be interpreted, to expand an individual’s responsibility for an organization’s liability. If this account is owned by a corporation, partnership or other organization, individual liability is determined by the laws generally applicable to that type of organization. The headings in this agreement are for convenience or reference only and do not govern the interpretation of the provisions. Unless it would be inconsistent to do so, words and phrases used in this agreement should be construed so the singular includes the plural and the plural includes the singular. LIABILITY - You agree, for yourself, and the person or entity you represent if you sign as a representative of another, to these terms, the terms of any account you have with us and the schedule of charges. You authorize us to deduct these charges, without notice to you, directly from the available balance as accrued. You will pay any additional reasonable charges for services you request which are not covered by this agreement.
Each of you also agrees to be jointly and severally (individually) liable for any account shortage resulting from charges or overdrafts, whether caused by you or another with access to this account. Payment of the account shortage is due immediately, and we can deduct any amounts deposited into the account and apply those amounts to the shortage and any fees or charges owed to us by you without prior notice to you. You have no right to defer payment of this liability, and you are liable regardless of whether you signed the item or benefited from the charge or overdraft.
You will be liable for our costs, including for our reasonable attorneys’ fees, to the extent permitted by law, whether incurred as a result of collection or in any other dispute involving your account. This includes, but is not limited to, disputes between you and another joint owner; you and an authorized signer or similar party; or with a third party claiming an interest in your account. This also includes any action that you or a third party takes regarding the account that causes us, in good faith, to seek the advice of an attorney, whether or not we become involved in the dispute. All costs, including attorneys’ fees can be deducted from your account when they are incurred, without prior notice to you.
DEPOSITS - We will give only provisional credit until collection is final for any items, other than cash, we accept for deposit (including items drawn “on us”). Before settlement of any item becomes final, we act only as your agent, regardless of the form of endorsement or lack of endorsement on the item and even though we provide you provisional credit for the item. We may reverse any provisional credit for items that are lost, stolen, or returned. Unless prohibited by law, we also reserve the right to charge back to your account the amount of any item deposited to your account or cashed for you which was initially paid by the payor bank and which is
later returned to us due to an allegedly forged, unauthorized or missing endorsement, claim of alteration, encoding error, counterfeit cashier’s check or other problem which in our judgment justifies reversal of credit. You authorize us to attempt to collect previously returned items without giving you notice, and in attempting to collect we may permit the payor bank to hold an item beyond the midnight deadline. Actual credit for deposits of, or payable in, foreign currency will be at the exchange rate in effect on final collection in U.S. dollars. We are not responsible for transactions by mail or outside depository until we actually record them. We will treat and record all transactions received after our “daily cutoff time” on a business day we are open, or received on a day we are not open for business, as if initiated on the next business day that we are open. For more information on availability of deposited funds, read the subsections herein titled "Determining your available balance, Funds availability" and “YOUR ABILITY TO WITHDRAW FUNDS.” At our option, we may take an item for collection rather than for deposit. If we accept a third-party check or draft for deposit, we may require any third-party endorsers to verify or guarantee their endorsements, or endorse in our presence.
WITHDRAWALS -
Important terms for accounts where more than one person can withdraw - Unless clearly indicated otherwise on the account records, any of you, acting alone, who signs to open the account or has authority to make withdrawals may withdraw or transfer all or any part of the available balance at any time. Each of you (until we receive written notice to the contrary) authorizes each other person who signs or has authority to make withdrawals to endorse any item payable to you or your order for deposit to this account or any other transaction with us.
Stale or postdated checks - We reserve the right to pay or dishonor a check more than six (6) months old without prior notice to you. A postdated check is one which bears a date later than the date on which the check is written. You agree not to postdate any check drawn on an account. If you do, and the check is presented for payment before the date of the check, we may properly pay it and charge your account the amount of the check (and charge your account for any resulting Overdraft Item Fee or Return Item Fee) even though the check was presented or payment was made before the date of the check. We are not liable for paying any stale or postdated check. Any damages you incur that we may be liable for are limited to actual damages not to exceed the amount of the check.
Checks and withdrawal rules - If you do not purchase your check blanks from us, you must be certain that we approve the check blanks you purchase. We may refuse any withdrawal or transfer request which you attempt on forms not approved by us or by any method we do not specifically permit. We may refuse any withdrawal or transfer request which is greater in number than the frequency permitted by our policy, or which is for an amount greater or less than any withdrawal limitations. We will use the date the transaction is completed by us (as opposed to the date you initiate it) to apply any frequency limitations. In addition, we may place limitations on the account until your identity is verified.
Even if we honor a nonconforming request, we are not required to do so later. If you violate the stated transaction limitations (if any), in our discretion we may close your account or reclassify your account as another type of account. If we reclassify your account, your account will be subject to the fees and earnings rules of the new account classification.
If we are presented with an item drawn against your account that would be a “substitute check,” as defined by law, but for an error or defect in the item introduced in the substitute check creation process, you agree that we may pay such item.
Cash withdrawals - We recommend you take care when making large cash withdrawals because carrying large amounts of cash may pose a danger to your personal safety. As an alternative to making a large cash withdrawal, you may want to consider a cashier’s check or similar instrument. You assume full responsibility of any loss in the event the cash you withdraw is lost, stolen, or destroyed. You agree to hold us harmless from any loss you incur as a result of your decision to withdraw funds in the form of cash.
Multiple signatures, electronic check conversion, and similar transactions - An electronic check conversion transaction is a transaction where a check or similar item is converted into an electronic fund transfer as defined in the Electronic Fund Transfers regulations In these types of transactions the check or similar item is either removed from circulation (truncated) or given back to you. As a result, we have no opportunity to review the signatures or otherwise examine the original check or item. You agree to waive any multiple signature account restrictions as we do not permit accounts on which two signatures are required for a check or other withdrawal. Notwithstanding any provisions to the contrary on any signature card or other agreement you have with us, you agree that, if any account purports to require two or more signers on items drawn on the account, such a provision is solely for you internal control purposes and is not binding on us. If more than one person is authorized to write checks or draw items on your account, you agree that we can honor checks signed by any authorized signer and that you are responsible for its payment even if there are two or more lines on the items for your signature and two signatures are purportedly required.
Notice of withdrawal - We reserve the right to require not less than 7 days’ notice in writing before each withdrawal from an interest-bearing savings account, including, but not limited to, saver accounts, money market accounts, club accounts, or from any other savings deposit as defined by Regulation D. (The law requires us to reserve this right, but it is not our general policy to use it.) Withdrawals from a time account prior to maturity or prior to any notice period may be restricted and may be subject to penalty. See your separately provided notice of penalty for early withdrawal. Determining your available balance - We use the “available balance” method to determine whether your account is overdrawn, that is, whether there is enough money in your account to pay for a transaction. Importantly, your “available” balance may not be the same as your account’s “actual” balance. This means an overdraft or an insufficient funds transaction could occur regardless of your account’s actual
balance. All references to "account balance" in this agreement refer to "available balance" unless indicated otherwise.
Your account’s actual balance (sometimes called the ledger balance) only includes transactions that have settled up to that point in time, that is, transactions (deposits and payments) that have posted to your account. The actual balance does not include outstanding transactions (such as checks that have not yet cleared and electronic transactions that have been authorized but which are still pending). The balance on your periodic statement is the ledger balance for your account as of the statement date.
We will determine whether your account has sufficient funds to pay an item when we process the item during our posting process. We do not process items for payment until a merchant or a card or a payment processor presents the items to us for payment. Please note that merchants and card or payment processors may present an item, including a debit card transaction, to us for payment several days or weeks after we authorize the item.
For example, you have an actual (ledger) balance of $100 in your account and you write a check to a merchant for $30. Your actual (ledger) balance after writing the check to the merchant but before settlement and posting of the check is $100 because the $30 check does not yet reduce the amount of funds you have to spend in your account. Once the merchant presents the $30 check to us—which may be days or weeks later—we will determine whether to pay the transaction. If we pay the $30 check and post it to your account, and if there have been no other intervening debits or credits to your account, your actual (ledger) balance will be $70 because the payment of the $30 check has now reduced the amount of funds in your account.
While we use an actual (ledger) balance to determine whether there are sufficient funds in your account to pay an item, the available balance we provide to you via teller, ATM, Telephone Banker, Mobile Banking or Online Banking will reflect pending transactions or checks that have not settled and posted to your account.
The available balance we provide to you via teller, ATM, Telephone Banking, Mobile Banking or Online Banking will not reflect the Overdraft Privilege service limit assigned to your account. Your Overdraft Privilege service limit is the amount by which you are permitted to overdraft your account. We reserve the right not to pay overdrafts even if you have an overdraft limit assigned to your account under the Overdraft Privilege program. For more information on the Overdraft Privilege program, overdraft limits, and your eligibility for the same, please carefully review the Overdraft Privilege program disclosure that you received when you opened your account and that may be obtained at any of our offices or visit www.wilsonbank.com for additional information.
As the name implies, your available balance is calculated based on the money “available” in your account to make payments. In other words, the available balance takes transactions that have been authorized, but not yet settled, and adds or subtracts them from the actual balance. In addition, when calculating your available balance, any “holds” placed on deposits that have not yet cleared are also subtracted from the actual balance. For more information on how holds placed on funds in your account can impact your available balance, read the subsection herein titled “A temporary debit authorization hold affects your available balance.” Overdrafts - You understand that we may, at our sole discretion, honor withdrawal requests including, but not limited to, any check, ATM or debit card transaction, ACH or other request that overdraws your account because the amount of the check, item, transaction or ACH exceeds the available balance in your account. However, the fact that we may honor withdrawal requests that overdraw the account's available balance does not obligate us to do so later. So you CANNOT rely on us to pay overdrafts on your account regardless of how frequently or under what circumstances we have paid overdrafts on your account in the past. We can change our practice of paying, or not paying, discretionary overdrafts on your account without notice to you. You can ask us if we have other account services that might be available to you where we commit to paying overdrafts under certain circumstances, such as an overdraft protection line-of-credit or a plan to sweep funds from another account you have with us. You agree that we may charge fees for transactions and/or items that cause your account to be overdrawn and fees for the account remaining in an overdrawn status. We may use subsequent deposits, including direct deposits of social security or other government benefits, to pay such overdrafts and overdraft fees.
Nonsufficient funds (NSF) fees - If an item drafted by you (such as a check) or a transaction you set up (such as a preauthorized or recurring transfer) is presented for transaction in an amount that is more than the available balance in your account, and we decide not to pay the item or transaction, you agree that we can charge you a Return Item Fee for returning the item or transaction. Be aware that such an item or transaction may be presented multiple times by the merchant or other payee until it is paid, and that we do not monitor or control the number of times an item or transaction is presented for payment. You agree that we may charge you a Return Item Fee each time an item or transaction is presented if the available balance in your account is not sufficient to pay the item or transaction regardless of the number of times the item or transaction is presented.
Payment types - Some, but not necessarily all, of the ways you can access the funds in your account include debit card transactions, automated clearing house (ACH) transactions, and check transactions. A debit card transaction might be authorized by use of a PIN, a signature, or a chip. An example of an ACH transaction is a preauthorized payment you have set up on a recurring basis. All these payment types can use different processing systems and some may take more or less time to post. This information is important for a number of reasons. For example, keeping track of the checks you write and the timing of the preauthorized payments you set up will help you to know what other transactions might still post against your account. This can help you avoid overdrawing your account.
For information about how and when we process these different payment types, see the “Payment order of items” subsection below.
Balance information - Keeping track of your available balance is important. You can review your available balance in a number of ways including reviewing your periodic statement, reviewing your balance online, accessing your account information by phone, or coming into one of our branches.
Funds availability - Knowing when funds you deposit will be made available for withdrawal is another important concept that can help you avoid being assessed fees or charges. Please see our funds availability disclosure, referred to in these disclosures as "Your Ability to Withdraw Funds" for information on when different types of deposits will be made available for withdrawal. For an account to which our funds availability policy disclosure does not apply, you can ask us when you make a deposit when those funds will be available for withdrawal. An item may be returned after the funds from the deposit of that item are made available for withdrawal. In that case, we will reverse the credit of the item. We may determine the amount of available funds in your account for the purpose of deciding whether to return an item for insufficient funds at any time between the times we receive the item and when we return the item or send a notice in lieu of return. We need only make one determination, but if we choose to make a subsequent determination, the account's available balance at the subsequent time will determine whether there are insufficient available funds.
A temporary debit authorization hold affects your available balance - On debit card purchases, merchants may request a temporary hold on your account for a specified sum of money when the merchant does not know the exact amount of the purchase at the time the card is authorized. The amount of the temporary hold may be more than the actual amount of your purchase. Some common transactions where this occurs involve purchases of gasoline, hotel rooms, or meals at restaurants. When this happens, our processing system cannot determine that the amount of the hold exceeds the actual amount of your purchase. This temporary hold, and the amount charged to your account, will eventually be adjusted to the actual amount of your purchase, but it could be three calendar days, or even longer in some cases, before the adjustment is made. Until the adjustment is made, the amount of funds in your account available for other transactions will be reduced by the amount of the temporary hold. If one or more transactions are presented for payment in an amount greater than the funds left after the deduction of the temporary hold amount, you may be charged a Return Item Fee or an Overdraft Item Fee according to our insufficient funds or overdraft fee policy, which may result in one or more Overdraft Item Fees or Return Item Fees. You may be charged the fee even if you would have had sufficient funds in your account if the amount of the hold had been equal to the amount of your purchase.
Payment order of items - The order in which items are paid is important if there is not enough money in your account to pay all of the items that are presented. The payment order can affect the number of items overdrawn or returned unpaid and the amount of the fees you may have to pay. To assist you in managing your account, we are providing you with the following information regarding how we process those items.
Our policy is to process Credit Transactions first, in the order they are received on the day they are processed. We process Electronic debit items such as ATM and Preauthorized Transactions second, in the order they are received on the day they are processed. Checks are processed third, in the order they are received on the day they are processed. Checks may not be received by us in the order in which they were written or by check number.
If one or more checks, items, or transactions are presented without sufficient funds in your account to pay it, you may be charged Overdraft Item Fees or Return Item Fees according to our insufficient funds or overdraft fee policy, which may result in one or more Overdraft Item Fees or Return Item Fees. The amounts of the Overdraft Item Fees and Return Item Fees are disclosed elsewhere We encourage you to make careful records and practice good account management. This will help you to avoid creating items without sufficient funds and potentially incurring the resulting fees.
BUSINESS, ORGANIZATION AND ASSOCIATION ACCOUNTS - Earnings in the form of interest, dividends, or credits will be paid only on collected funds, unless otherwise provided by law or our policy. You represent that you have the authority to open and conduct business on this account on behalf of the entity. We may require the governing body of the entity opening the account to give us a separate authorization telling us who is authorized to act on its behalf. We will honor the authorization until we actually receive written notice of a change from the governing body of the entity.
STOP PAYMENTS - The rules in this section cover stopping payment of items such as checks and drafts. Rules for stopping payment of other types of transfers of funds, such as consumer electronic fund transfers, may be established by law or our policy. If we have not disclosed these rules to you elsewhere, you may ask us about those rules.
We may accept an order to stop payment on any item from any one of you. You must make any stop-payment order in the manner required by law and we must receive it in time to give us a reasonable opportunity to act on it before our stop-payment cutoff time. Because the most effective way for us to execute a stop-payment order is by using an automated process, to be effective, your stop-payment order must precisely identify the number, date, and amount of the item, and the payee. You may stop payment on any item drawn on your account whether you sign the item or not. Generally, if your stop-payment order is given to us in writing it is effective for six months. Your order will lapse after that time if you do not renew the order in writing before the end of the six-month period. If the original stop-payment order was oral your stop-payment order will lapse after 14 calendar days if you do not confirm your order in writing within that time period. We are not obligated to notify you when a stop-payment order expires. If you stop payment on an item and we incur any damages or expenses because of the stop payment, you agree to indemnify us for those damages or expenses, including attorneys’ fees. You assign to us all rights against the payee or any other
holder of the item. You agree to cooperate with us in any legal actions that we may take against such persons. You should be aware that anyone holding the item may be entitled to enforce payment against you despite the stop-payment order.
Our stop-payment cutoff time is one hour after the opening of the next banking day after the banking day on which we receive the item. Additional limitations on our obligation to stop payment are provided by law (e.g., we paid the item in cash or we certified the item).
TELEPHONE TRANSFERS - A telephone transfer of funds from this account to another account with us, if otherwise arranged for or permitted, may be made by the same persons and under the same conditions generally applicable to withdrawals made in writing. Limitations on the number of telephonic transfers from a savings account, if any, are described elsewhere.
CORRECTION OF CLERICAL ERRORS - Unless otherwise prohibited by law, you agree, if determined necessary in our reasonable discretion, to allow us to correct clerical errors, such as obtaining your missing signature, on any account documents or disclosures that are part of our agreement with you. For errors on your periodic statement, please refer to the STATEMENTS section.
STATEMENTS - Statements are a valuable tool to, among other things, help prevent fraudulent or mistaken transfers. Your statement will show the transactions that occurred in connection with your account during the statement period.
Your duty to report unauthorized signatures (including forgeries and counterfeit checks), alterations, and other errors on checks and other itemsYour statement will provide sufficient information for you to reasonably identify the items paid (item number, amount, and date of payment). You should keep a record of each transaction as it is made so that when we give you the information in the statement, you will have a complete understanding of each transaction listed. You have responsibilities in connection with your statement. You must examine your statement with “reasonable promptness.” In addition, if you receive or we make available either your items or images of your items, you must examine them for any unauthorized or missing endorsements or any other problems. If you discover (or reasonably should have discovered) any unauthorized signatures (including forgeries and counterfeit checks), alterations, incorrect payment amounts, or missing or incorrectly credited deposits, you must promptly notify us of the relevant facts. As between you and us, if you fail to do either of these duties, you will have to bear the loss yourself unless you prove that we did not pay the item in good faith. The loss you might bear could be not only with respect to items listed on the statement, but also other items with unauthorized signatures or alterations by the same wrongdoer. Of course, an attempt can be made to recover the loss from the thief, but this is often unsuccessful.
You agree that the time you have to examine your statement and items and report to us will depend on the circumstances, but you will not, in any circumstance, have a total of more than 30 days from when we first send or make the statement available to you.
You further agree that if you fail to report any unauthorized signatures (including forgeries and counterfeit checks), alterations, incorrect payment amounts, missing or incorrectly credited deposits, or any other errors in your account within 30 days of when we first send or make the statement available, you cannot assert a claim against us on any items in that statement, and as between you and us the loss will be entirely yours. This 30-day limitation is without regard to whether we used good faith. The limitation in this paragraph is in addition to those contained in the second paragraph of this section. Contact us if you do not receive your regular statement. If this is a business account, you agree that you will have at least two people review your statements, notices, and returned checks, or in the alternative, the person who reviews these will be someone who does not have authority to transact business on the account.
Duty to notify if statement not received - You agree to immediately notify us if you do not receive your statement by the date you normally expect to receive it. Not receiving your statement in a timely manner is a sign that there may be an issue with your account, such as possible fraud or identity theft. Absent a lack of ordinary care by us, a failure to receive your statement in a timely manner does not extend the time you have to conduct your review under this agreement.
ACCOUNT TRANSFER - This account may not be transferred or assigned without our prior written consent.
REIMBURSEMENT OF FEDERAL BENEFIT PAYMENTS - If we are required for any reason to reimburse the federal government for all or any portion of a benefit payment that was directly deposited into your account, you authorize us to deduct the amount of our liability to the federal government from the account or from any other account you have with us, without prior notice and at any time, except as prohibited by law. We may also use any other available legal remedy to recover the amount of our liability.
TEMPORARY ACCOUNT AGREEMENT - If the account documentation indicates that this is a temporary account agreement, it means that all account owners have not yet signed the signature card, or that some other account opening requirement has not been completed. We may give you a duplicate signature card so that you can obtain all of the necessary signatures and return it to us. Each person who signs to open the account or has authority to make withdrawals (except as indicated to the contrary) may transact business on this account. However, we may at some time in the future restrict or prohibit further use of this account if you fail to comply with the requirements we have imposed within a reasonable time.
SETOFF - We may (without prior notice and when permitted by law) set off the funds in this account against any due and payable debt any of you owe us now or in the future. If this account is owned by one or more of you as individuals, we may set off any funds in the account against a due and payable debt a partnership owes us now or in the future, to the extent of your liability as a partner for the partnership debt. If your debt arises from a promissory note, then the amount of the due and payable
debt will be the full amount we have demanded, as entitled under the terms of the note, and this amount may include any portion of the balance for which we have properly accelerated the due date.
This right of setoff does not apply to this account if prohibited by law. For example, the right of setoff does not apply to this account if: (a) it is an Individual Retirement Account or similar tax-deferred account, or (b) the debt is created by a consumer credit transaction under a credit card plan (but this does not affect our rights under any consensual security interest), or (c) the debtor’s right of withdrawal only arises in a representative capacity. We will not be liable for the dishonor of any check when the dishonor occurs because we set off a debt against this account. You agree to hold us harmless from any claim arising as a result of our exercise of our right of setoff.
RESTRICTIVE LEGENDS OR ENDORSEMENTS - The automated processing of the large volume of checks we receive prevents us from inspecting or looking for restrictive legends, restrictive endorsements or other special instructions on every check. For this reason, we are not required to honor any restrictive legend or endorsement or other special instruction placed on checks you write unless we have agreed in writing to the restriction or instruction. Unless we have agreed in writing, we are not responsible for any losses, claims, damages, or expenses that result from your placement of these restrictions or instructions on your checks. Examples of restrictive legends placed on checks are “must be presented within 90 days” or “not valid for more than $1,000.00.” The payee’s signature accompanied by the words “for deposit only” is an example of a restrictive endorsement.
FACSIMILE SIGNATURES - Unless you make advance arrangements with us, we have no obligation to honor facsimile signatures on your checks or other orders. If we do agree to honor items containing facsimile signatures, you authorize us, at any time, to charge you for all checks, drafts, or other orders, for the payment of money, that are drawn on us. You give us this authority regardless of by whom or by what means the facsimile signature(s) may have been affixed so long as they resemble the facsimile signature specimen filed with us, and contain the required number of signatures for this purpose. You must notify us at once if you suspect that your facsimile signature is being or has been misused. Notwithstanding the foregoing, for withdrawal and other purposes relating to any account that you have with us, you agree that we are not obligated to accept or pay any items bearing facsimile signatures and that we will not be liable to you for refusing to honor facsimile-signed instruments or instructions. For items signed using any facsimile form of signature, you agree that it is solely for your benefit and convenience. You further agree that no facsimile signature we agree to honor may be considered a forgery or an unauthorized signature and that every such facsimile signature shall be effective as your own original, manual signature. You hereby accept sole responsibility for maintaining security over any device affixing the facsimile signature and sole responsibility for any authorized or unauthorized use of such device.
You agree that we, in honoring drafts and/or checks which bear the facsimile signature of you or your authorized agent or a facsimile signature resembling or purporting to be such a facsimile signature, may rely upon such facsimile signature. You further agree that such reliance shall be valid regardless of by whom or by what means the same may have been imprinted on said checks and/or drafts, and that any such facsimile signature or any such facsimile signature so relied on shall be as valid, effectual, conclusive and binding for all purposes upon you as if the same had in fact been endorsed manually by you or on your behalf by your duly authorized officer, employee or agent. You agree to indemnify and hold us harmless, our officers, employees, agents, successors, and assigns, from and against any and all loss, liability, claim, damage or expense (whether such claim be groundless or otherwise), including costs, disbursements and attorneys' fees, arising out of any act done in reliance upon the authenticity of any such facsimile signature or any such facsimile signature resembling or purporting to be such facsimile signature.
CHECK PROCESSING - We process items mechanically by relying almost exclusively on the information encoded in magnetic ink along the bottom of the items. This means that we do not individually examine all of your items to determine if the item is properly completed, signed and endorsed or to determine if it contains any information other than what is encoded in magnetic ink. You agree that we have exercised ordinary care if our automated processing is consistent with general banking practice, even though we do not inspect each item. Because we do not inspect each item, if you write a check to multiple payees, we can properly pay the check regardless of the number of endorsements unless you notify us in writing that the check requires multiple endorsements. We must receive the notice in time for us to have a reasonable opportunity to act on it, and you must tell us the precise date of the check, amount, check number and payee. We are not responsible for any unauthorized signature or alteration that would not be identified by a reasonable inspection of the item. Using an automated process helps us keep costs down for you and all account holders.
ENDORSEMENTS - We may accept for deposit any item payable to you or your order, even if they are not endorsed by you. We may give cash back to any one of you. We may supply any missing endorsement(s) for any item we accept for deposit or collection, and you warrant that all endorsements are genuine. To ensure that your check or share draft is processed without delay, you must endorse it (sign it on the back) in a specific area. Your entire endorsement (whether a signature or a stamp) along with any other endorsement information (e.g. additional endorsements, ID information, driver’s license number, etc.) must fall within 11/2” of the “trailing edge” of a check. Endorsements must be made in blue or black ink, so that they are readable by automated check processing equipment. As you look at the front of a check, the “trailing edge” is the left edge. When you flip the check over, be sure to keep all endorsement information within 11/2” of that edge.
TRAILING EDGE
Memo
FRONT OF CHECK Bank Name and Location 123456789 7654
1 1/2"
YOUR ENDORSEMENT MUST BE WITHIN THIS AREA
Keep your endorsement out of this area.
BACK OF CHECK
It is important that you confine the endorsement information to this area since the remaining blank space will be used by others in the processing of the check to place additional needed endorsements and information. You agree that you will indemnify, defend, and hold us harmless for any loss, liability, damage or expense that occurs because your endorsement, another endorsement or information you have printed on the back of the check obscures our endorsement. These endorsement guidelines apply to both personal and business checks.
DEATH OR INCOMPETENCE - You agree to notify us promptly if any person with a right to withdraw funds from your account(s) dies or is adjudicated (determined by the appropriate official) incompetent. We may continue to honor your checks, items, and instructions until: (a) we know of your death or adjudication of incompetence, and (b) we have had a reasonable opportunity to act on that knowledge. You agree that we may pay or certify checks drawn on or before the date of death or adjudication of incompetence for up to ten (10) days after your death or adjudication of incompetence unless ordered to stop payment by someone claiming an interest in the account.
FIDUCIARY ACCOUNTS - Accounts may be opened by a person acting in a fiduciary capacity. A fiduciary is someone who is appointed to act on behalf of and for the benefit of another. We are not responsible for the actions of a fiduciary, including the misuse of funds. This account may be opened and maintained by a person or persons named as a trustee under a written trust agreement, or as executors, administrators, or conservators under court orders. You understand that by merely opening such an account, we are not acting in the capacity of a trustee in connection with the trust nor do we undertake any obligation to monitor or enforce the terms of the trust or letters.
CREDIT VERIFICATION - You agree that we may verify credit and employment history by any necessary means, including preparation of a credit report by a credit reporting agency.
LEGAL ACTIONS AFFECTING YOUR ACCOUNT - If we are served with a subpoena, restraining order, writ of attachment or execution, levy, garnishment, search warrant, or similar order relating to your account (termed "legal action" in this section), we will comply with that legal action as required by applicable law. However, nothing in this agreement shall be construed as a waiver of any rights you may have under applicable law with regards to such legal action. Subject to applicable law, we may, in our sole discretion, choose to freeze the assets in the account and not allow any payments or transfers out of the account, or take other action as may be appropriate under the circumstances, until there is a final court determination regarding the legal action. We may do these things even if the legal action involves less than all of you. In these cases, we will not have any liability to you if there are insufficient funds to pay your items because we have withdrawn funds from your account or in any way restricted access to your funds in accordance with the legal action and applicable law. Any fees or expenses we incur in responding to any legal action (including, without limitation, attorneys' fees, and our internal expenses) may be charged against your account, unless otherwise prohibited by applicable law. The list of fees applicable to your account(s) - provided elsewheremay specify additional fees that we may charge for responding to certain legal actions.
ACCOUNT SECURITY -
Your duty to protect account information and methods of access - Our policy may require methods of verifying your identity before providing you with a service or allowing you access to your account. We can decide what identification is reasonable under the circumstances. For example, process and identification requirements may vary depending on whether they are online or in person. Identification may be documentary or physical and may include collecting a fingerprint, voiceprint, or other biometric information.
It is your responsibility to protect the account numbers and electronic access devices (e.g., an ATM card) we provide you for your accounts. You should also safeguard your username, password, and other access and identifying information when accessing your account through a computer or other electronic, audio, or mobile device or technology. If you give anyone authority to access the account on your behalf, you should exercise caution and ensure the trustworthiness of that agent. Do not discuss, compare, or share information about your account numbers with anyone
unless you are willing to give them full use of your money. An account number can be used by thieves to issue an electronic debit or to encode your number on a false demand draft which looks like and functions like an authorized check. If you furnish your access device or information and grant actual authority to make transfers to another person (a family member or coworker, for example) who then exceeds that authority, you are liable for the transfers unless we have been notified that transfers by that person are no longer authorized. Any oral notification must be followed by a written confirmation within ten (10) business days. Your account number can also be used to electronically remove money from your account, and payment can be made from your account even though you did not contact us directly and order the payment.
You must also take precaution in safeguarding your blank checks. Notify us at once if you believe your checks have been lost or stolen. As between you and us, if you are negligent in safeguarding your checks, you must bear the loss entirely yourself or share the loss with us (we may have to share some of the loss if we failed to use ordinary care and if we substantially contributed to the loss).
Positive pay and other fraud prevention services - You agree that if we offer you services appropriate for your account to help identify and limit fraud or other unauthorized transactions against your account, and you reject those services, you will be responsible for any fraudulent or unauthorized transactions which could have been prevented by the services we offered. You will not be responsible for such transactions if we acted in bad faith or to the extent our negligence contributed to the loss. Such services include positive pay or commercially reasonable security procedures. If we offered you a commercially reasonable security procedure which you reject, you agree that you are responsible for any payment order, whether authorized or not, that we accept in compliance with an alternative security procedure that you have selected. The positive pay service can help detect and prevent check fraud and is appropriate for account holders that issue a high volume of checks, a lot of checks to the general public, or checks for large dollar amounts.
INSTRUCTIONS FROM YOU - Unless required by law or we have agreed otherwise in writing, we are not required to act upon instructions you give us via facsimile transmission, email, voicemail, or phone call to a facsimile number, email address, or phone number not designated by us for a particular purpose or for a purpose that is unrelated to the request or instruction.
CLAIM OF LOSS - If you claim a credit or refund because of a forgery, alteration, or any other unauthorized withdrawal, you agree to cooperate with us in the investigation of the loss, including giving us an affidavit containing whatever reasonable information we require concerning your account, the transaction, and the circumstances surrounding the loss. You will notify law enforcement authorities of any criminal act related to the claim of lost, missing, or stolen checks or unauthorized withdrawals. We will have a reasonable period of time to investigate the facts and circumstances surrounding any claim of loss. Unless we have acted in bad faith, we will not be liable for special or consequential damages, including loss of profits or opportunity, or for attorneys’ fees incurred by you.
You agree that you will not waive any rights you have to recover your loss against anyone who is obligated to repay, insure, or otherwise reimburse you for your loss. You will pursue your rights or, at our option, assign them to us so that we may pursue them. Our liability will be reduced by the amount you recover or are entitled to recover from these other sources.
EARLY WITHDRAWAL PENALTIES (and involuntary withdrawals) - We may impose early withdrawal penalties on a withdrawal from a time account even if you don’t initiate the withdrawal. For instance, the early withdrawal penalty may be imposed if the withdrawal is caused by our setoff against funds in the account or as a result of an attachment or other legal process. We may close your account and impose the early withdrawal penalty on the entire available balance in the event of a partial early withdrawal. See your separately provided notice of penalty for early withdrawal for additional information.
CHANGES IN NAME AND CONTACT INFORMATION - You are responsible for notifying us of any change in your name, address, or other information we use to communicate with you. Unless we agree otherwise, notice of such a change must be made in writing. Informing us of your address or name change on a check reorder form is not sufficient. We will attempt to communicate with you only by use of the most recent information you have provided to us. If provided elsewhere, we may impose a service fee if we attempt to locate you.
RESOLVING ACCOUNT DISPUTES - We may place an administrative hold on the funds in your account (refuse payment or withdrawal of the funds) if it becomes subject to a claim adverse to (1) your own interest; (2) others claiming an interest as survivors or beneficiaries of your account; or (3) a claim arising by operation of law. The hold may be placed for such period of time as we believe reasonably necessary to allow a legal proceeding to determine the merits of the claim or until we receive evidence satisfactory to us that the dispute has been resolved. We will not be liable for any items that are dishonored as a consequence of placing a hold on funds in your account for these reasons.
WAIVER OF NOTICES - To the extent permitted by law, you waive any notice of non-payment, dishonor or protest regarding any items credited to or charged against your account. For example, if you deposit an item and it is returned unpaid or we receive a notice of nonpayment, we do not have to notify you unless required by federal Regulation CC or other law.
TRUNCATION, SUBSTITUTE CHECKS, AND OTHER CHECK IMAGES - If you truncate an original check and create a substitute check, or other paper or electronic image of the original check, you warrant that no one will be asked to make payment on the original check, a substitute check or any other electronic or paper image, if the payment obligation relating to the original check has already been paid. You also warrant that any substitute check you create conforms to the legal requirements and generally accepted specifications for substitute checks. You agree to retain the original check in conformance with our policy for retaining original checks. You agree
to indemnify us for any loss we may incur as a result of any truncated check transaction you initiate. We can refuse to accept substitute checks that have not previously been warranted by a bank or other financial institution in conformance with the Check 21 Act. Unless specifically stated in a separate agreement between you and us, we do not have to accept any other electronic or paper image of an original check.
REMOTELY CREATED CHECKS - Like any standard check or draft, a remotely created check (sometimes called a telecheck, preauthorized draft or demand draft) is a check or draft that can be used to withdraw money from an account. Unlike a typical check or draft, however, a remotely created check is not issued by the paying bank and does not contain the signature of the account owner (or a signature purported to be the signature of the account owner). In place of a signature, the check usually has a statement that the owner authorized the check or has the owner’s name typed or printed on the signature line.
You warrant and agree to the following for every remotely created check we receive from you for deposit or collection: (1) you have received express and verifiable authorization to create the check in the amount and to the payee that appears on the check; (2) you will maintain proof of the authorization for at least 2 years from the date of the authorization, and supply us the proof if we ask; and (3) if a check is returned you owe us the amount of the check, regardless of when the check is returned. We may take funds from your account to pay the amount you owe us, and if there are insufficient funds in your account, you still owe us the remaining balance.
UNLAWFUL INTERNET GAMBLING NOTICE - Restricted transactions as defined in Federal Reserve Regulation GG are prohibited from being processed through this account or relationship. Restricted transactions generally include, but are not limited to, those in which credit, electronic fund transfers, checks, or drafts are knowingly accepted by gambling businesses in connection with the participation by others in unlawful Internet gambling.
FUNDS TRANSFERS - You agree that this section is governed by Article 4A of the Uniform Commercial Code - Funds Transfers (UCC 4A) and the terms used in this section have the meaning given to them in UCC 4A.You also agree to be bound by all funds-transfer system rules, rules of the Board of Governors of the Federal Reserve System (Board) and their operating circulars, as appropriate. Unless otherwise required by applicable law, such as Regulation J or the operating circulars of the Board, this section is subject to UCC 4A as adopted in the state in which you have your account with us. If any part of this section is determined to be unenforceable, the rest shall remain effective. This section controls funds transfers unless supplemented or amended in a separate record. Generally, this section will not apply to you if you are a consumer. For example, this section generally does not apply to a funds transfer if any part of the transfer is governed by the Electronic Fund Transfer Act of 1978 (EFTA). However, this section does apply to a funds transfer that is a remittance transfer as defined in EFTA unless the remittance transfer is an electronic fund transfer as defined in EFTA. To the extent this section is not inconsistent with the EFTA, this section may also apply to a consumer electronic fund transfer sent through the FedNow system or through the Real Time Payments system (RTP) operated by The Clearing House. In addition, even if you are a consumer, this section will apply to that part of any funds transfer that is conducted by Fedwire.
Funds transfer - A funds transfer is the transaction or series of transactions that begin with the originator’s payment order, made for the purpose of making payment to the beneficiary of the order. A funds transfer is completed by the acceptance by the beneficiary’s bank of a payment order for the benefit of the beneficiary of the originator’s order. Unless otherwise required by the type of funds transfer you are initiating, you may transmit a payment order orally or in a record, but your order cannot state any condition to payment to the beneficiary other than the time of payment. Credit entries may be made by ACH. If we receive a payment order to credit an account you with us by wire or ACH, we are not required to give you any notice of the payment order or credit.
Authorized account - An authorized account is a deposit account you have with us that you have designated as a source of payment of payment orders you issue to us. If you have not designated an authorized account, any account you have with us is an authorized account to the extent that payment of the payment order is not inconsistent with the use of the account.
Acceptance of your payment order - We are not obligated to accept any payment order that you give us, although we normally will accept your payment order if you have a withdrawable credit in an authorized account sufficient to cover the order. If we do not execute your payment order, but give you notice of our rejection of your payment order after the execution date or give you no notice, we are not liable to pay you as restitution any interest on a withdrawable credit in a non-interest-bearing account.
Cutoff time - If we do not receive your payment order or communication canceling or amending a payment order before our cutoff time on a funds transfer day for that type of order or communication, the order or communication will be deemed to be received at the opening of our next funds transfer business day.
Payment of your order - If we accept a payment order you give us, we may receive payment by automatically deducting from any authorized account the amount of the payment order plus the amount of any expenses and charges for the payment or execution date is the funds transfer date we receive the payment order. The funds transfer is completed upon acceptance by the beneficiary’s bank. Your obligation to pay your payment order is excused if the funds transfer is not completed, but you are still responsible to pay us any expenses and charges for our services. However, if you told us to route the funds transfer through an intermediate bank, and we are unable to obtain a refund because the intermediate bank that you designated has suspended payments, then you are still obligated to pay us for the payment order. You will not be entitled to interest on any refund you receive because the beneficiary’s bank does not accept the payment order.
Security procedure - As described more fully in a separate writing, the authenticity of a payment order or communication canceling or amending a payment order issued in your name as sender may be verified by a security procedure. You affirm that you have no circumstances which are relevant to the determination of a commercially reasonable security procedure unless those circumstances are expressly contained in a separate writing signed by us. You may choose from one or more security procedures that we have developed, or you may develop your own security procedure if it is acceptable to us. If you refuse a commercially reasonable security procedure that we have offered you, you agree that you will be bound by any payment order issued in your name, whether or not authorized, that we accept in good faith and in compliance with the security procedure you have chosen.
Identifying number - If your payment order identifies an intermediate bank, beneficiary bank, or beneficiary by name and number, we and every receiving or beneficiary bank may rely upon the identifying number rather than the name to make payment, even if the number identifies an intermediate bank or person different than the bank or beneficiary identified by name. Neither we nor any receiving or beneficiary bank have any responsibility to determine whether the name and identifying number refer to the same financial institution or person.
Record of oral or telephone orders - You agree that we may, if we choose, record any oral or telephone payment order or communication of amendment or cancelation Notice of credit - If we receive a payment order to credit an account you have with us, we are not required to provide you with any notice of the payment order or the credit.
Provisional credit - You agree to be bound by the automated clearing house association operating rules that provide that payments made to you or originated by you by funds transfer through the automated clearing house system are provisional until final settlement is made through a Federal Reserve Bank or otherwise payment is made as provided in Article 4A-403(a) of the Uniform Commercial Code. Refund of credit - You agree that if we do not receive payment of an amount credited to your account, we are entitled to a refund from you in the amount credited and the party originating such payment will not be considered to have paid the amount so credited.
Cancelation or amendment of payment order - You may cancel or amend a payment order you give us only if we receive the communication of cancelation or amendment before our cutoff time and in time to have a reasonable opportunity to act on it before we accept the payment order. The communication of cancelation or amendment must be presented in conformity with the same security procedure that has been agreed to for payment orders.
Intermediaries - We are not liable for the actions of any intermediary, regardless of whether or not we selected the intermediary. We are not responsible for acts of God, outside agencies, or nonsalaried agents.
Limit on liability - You waive any claim you may have against us for consequential or special damages, including loss of profit arising out of a payment order or funds transfer, unless this waiver is prohibited by law. We are not responsible for attorney fees you might incur due to erroneous execution of payment order.
Erroneous execution - If we receive an order to pay you, and we erroneously pay you more than the amount of the payment order, we are entitled to recover from you the amount in excess of the amount of the payment order, regardless of whether you may have some claim to the excess amount against the originator of the order.
Duty to report unauthorized or erroneous payment - You must exercise ordinary care to determine that all payment orders or amendments to payment orders that we accept that are issued in your name are authorized, enforceable, in the correct amount, to the correct beneficiary, and not otherwise erroneous. If you discover (or with reasonable care should have discovered) an unauthorized, unenforceable, or erroneously executed payment order or amendment, you must exercise ordinary care to notify us of the relevant facts. The time you have to notify us will depend on the circumstances, but that time will not in any circumstance exceed 14 days from when you are notified of our acceptance or execution of the payment order or amendment or that your account was debited with respect to the order or amendment. If you do not provide us with timely notice you will not be entitled to interest on any refundable amount. If we can prove that you failed to perform either of these duties with respect to an erroneous payment and that we incurred a loss as a result of the failure, you are liable to us for the amount of the loss not exceeding the amount of your order.
Objection to payment - If we give you a notice that reasonably identifies a payment order issued in your name as sender that we have accepted and received payment for, you cannot claim that we are not entitled to retain the payment unless you notify us of your objection to the payment within one year of our notice to you.
INTERNATIONAL ACH TRANSACTIONS - Financial institutions are required by law to scrutinize or verify any international ACH transaction (IAT) that they receive against the Specially Designated Nationals (SDN) list of the Office of Foreign Assets Control (OFAC). This action may, from time to time, cause us to temporarily suspend processing of an IAT and potentially affect the settlement and/ or availability of such payments.
FORUM SELECTION - Unless you and we agree otherwise, to the greatest extent permitted by law, the state and federal courts in or for Wilson County, Tennessee will have exclusive jurisdiction over any disputes (except for disputes brought in small claims court) that are not subject to arbitration or over any action involving the applicability or enforceability of the section entitled Dispute Resolution by Binding Arbitration or any of its parts. You and we consent to the jurisdiction and venue of those courts, and waive any objections as to personal jurisdiction or venue or any right to seek to transfer or change venue to another court.
AMENDMENTS AND TERMINATIONS - You agree that we may change this agreement and the terms and conditions governing your account. Changes may include deleting or modifying existing terms or rates or adding new terms or fees not
otherwise contemplated when you opened your account, including new terms regarding how we will resolve preexisting or future disputes, whether informally, by litigating in specified courts or under specified rules, or through alternative dispute resolution, such as binding arbitration. We may convert existing accounts and services into new accounts and services or discontinue accounts or services. If a change to this agreement is material and adverse to you, we will give you reasonable notice in writing or by any method permitted by law. For example, unless otherwise required by law, a notice of the changes or a copy of the revised agreement (or a link to review it) may be sent to you at the mailing or email address on file with your account, via other electronic means, or included in a message on the statement for one of your accounts. Any changes will take effect immediately, unless stated otherwise in any notice we provide to you. We may, but do not have to, notify you of changes that we make for security reasons or that are otherwise not adverse to you. You are not required to agree to material changes that are adverse to you. If you wish to reject such a change, you must close your accounts before the effective date of the change. If we have notified you of a change and you continue to maintain your account after the effective date of the change, you have agreed to the new terms. Only one notice will be given in the case of joint account holders. We reserve the right to waive any term of this agreement. However, such waiver shall not affect our right to enforce the term at a later date. Note: Rules governing changes in interest rates are provided separately in the Truth-In-Savings disclosure or in another document.
We may also suspend, modify, convert, or terminate a service, convert this account to another account type, or close this account for any reason at any time upon reasonable notice to you and, if we close the account, we will tender the available account balance to you personally or by mail. Reasonable notice depends on the circumstances, and in some cases such as when we cannot verify your identity or we suspect fraud, it might be reasonable for us to give you notice after the account closure becomes effective. For instance, if we suspect fraudulent activity with respect to your account, and if we deem it appropriate under the circumstances and necessary to prevent further fraud, we might immediately freeze or close your account and then give you notice. When you close your account, you are responsible for leaving enough money in the account to cover any outstanding items or transactions to be paid from the account. Once any outstanding items or transactions are paid, we will close the account and tender the account balance, if any, to you or your agent personally, by mail, or by another agreed upon method. Items or transactions presented for payment after the account is closed may be dishonored. Any deposits we receive after the account is closed may be returned. We will not be liable for any damages for not honoring any such debits or deposits received after the account is closed.
DISPUTE RESOLUTION BY BINDING ARBITRATION - This arbitration provision is optional. If you do not wish to accept it, you must follow the instructions in subsection (11) below to reject arbitration. Unless you timely reject arbitration, this arbitration provision is binding on you and us.
1. Claims Subject to Arbitration: Except as specified in subsection (2) below, any dispute or claim between you and us must be arbitrated if either party elects arbitration of that dispute or claim. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
• claims arising out of or relating to any aspect of the relationship between you and us, whether based in contract, tort, fraud, misrepresentation, or any other statutory or common-law legal theory;
• claims that arose before this or any prior agreement (including, but not limited to, claims relating to account or member applications);
• claims for mental or emotional distress or injury not arising out of bodily injury;
• claims asserted in a court of general jurisdiction against you or us, including counterclaims, cross-claims, or third-party claims, that you or we elect to arbitrate in the answer or other responsive pleading;
• claims relating to deposits, withdrawals, transfers between accounts, electronic funds transfers, wire transfers, bill payments, overdrafts, bounce protection, courtesy pay, signature cards, checks, account balances, fees, set-offs, stop-payment orders, statements and disclosures, Night Depositories, safe deposit boxes, and safekeeping services;
• claims relating to the use, transfer, security, or disclosure of information about you or your accounts;
• claims relating to communications with you, regardless of sender, concerning any of our products or services, including emails and automatically dialed calls and text messages; and
• claims that may arise after the termination of this agreement.
In this arbitration provision only, references to “we,” “us,” and “our” mean Wilson Bank & Trust, its past, present, and future parents and affiliates, and each of those entity’s agents, employees, predecessors, successors, and assigns. In addition, references to “you” and “your” mean each account owner and all authorized or unauthorized users or beneficiaries of Wilson Bank & Trust products and services, and if the account owner is a business, its parents, subsidiaries, affiliates, predecessors, successors, assigns, and each of those entities’ agents and employees. This arbitration provision does not preclude you or us from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against you or us on the other’s behalf. Nor does this arbitration provision preclude either you or us from exercising self-help remedies (including setoff), and exercising such a remedy is not a waiver of the right to invoke arbitration of any dispute. You and we each waive the right to a trial by jury or to participate in a class action whenever either you or we elect arbitration. This agreement evidences a transaction in interstate commerce, and thus the Federal
Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this agreement.
2. Claims Not Subject to Arbitration: You and we agree that the following disputes or claims cannot be arbitrated under this arbitration provision:
• claims arising from bodily injury or death;
• claims seeking only individualized relief asserted by you or us in small claims court, so long as the action remains in that court and is not removed or appealed to a court of general jurisdiction, in which case either party may elect arbitration;
• claims relating to residential mortgages or an extension of credit under a separate agreement or note (such as a separate loan agreement, promissory note, or bank card agreement), which shall be governed by the disputeresolution procedures set forth in that separate agreement or note; and
• disputes over the scope and enforceability of this Dispute Resolution by Binding Arbitration section, whether a dispute or claim can or must be brought in arbitration, or whether subsections (4) or (8) have been violated.
3. Pre-Arbitration Notice of Disputes and Informal Resolution: Before either you or we commence arbitration, the claimant must first send to the other a written Notice of Dispute (“Notice”). The Notice to us should be sent to: Wilson Bank & Trust, ATTN: Legal Department, 623 West Main Street, Lebanon, TN 37087 (“Notice Address”). The Notice to you will be sent to your address on file with your account. The Notice must include: (a) the claimant’s name, address, and phone number; (b) the account number(s) at issue; (c) a description of the nature and basis of the claim or dispute; and (d) the specific relief sought. In addition, the Notice must be personally signed by you (if you are the claimant) or by a bank representative (if we are the claimant). Moreover, to safeguard your account, if you have retained an attorney to submit your Notice, you must also provide your signed written authorization for us to discuss your account and share your confidential account records with your attorney (“Attorney Authorization”).
Whoever sends the Notice must give the other party 60 days after receipt of a fully complete Notice (including your Attorney Authorization, if required) to investigate the claim. During that period, either you or we may request an individualized discussion (by telephone or videoconference) regarding settlement (“Informal Settlement Conference”). The parties must work together in good faith to select a mutually agreeable time during business hours for the Informal Settlement Conference (which can be after the 60-day period). You and a bank representative must personally participate in the Informal Settlement Conference, unless otherwise agreed in writing. Your and our lawyers (if any) also can participate.
Any applicable statute of limitations or contractual limitations periods will be tolled during the “Informal Resolution Period,” which is the period between when a fully complete Notice (and Attorney Authorization, if required) is received by the other party and the later of (i) 60 days later or (ii) the date an Informal Settlement Conference is completed, if timely requested.
4.Commencing Arbitration: An arbitration proceeding cannot be commenced until after the Informal Resolution Period has ended. A court will have authority to enforce this subsection, including the power to enjoin the filing or prosecution of arbitrations without first providing a fully complete Notice and participating in a timely requested Informal Settlement Conference. The court also may enjoin the assessment or collection of arbitration fees incurred as a result of such arbitrations. Further, unless prohibited by applicable law, the arbitration provider shall not accept nor administer any arbitration nor assess any fees unless the claimant has complied with the Notice and Informal Settlement Conference requirements of subsection (3).
5.Arbitration Procedure: The arbitration will be governed by the Consumer Arbitration Rules (“AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this arbitration provision, and will be administered by the AAA. (If the AAA is unavailable or unwilling to administer arbitrations consistent with this arbitration provision, another arbitration provider shall be selected by agreement of the parties or, if there is not agreement, by the court.) The AAA Rules are available online at www.adr.org or by writing to the Notice Address. As in court, you and we agree that any counsel representing someone in arbitration certifies that they will comply with the requirements of Federal Rule of Civil Procedure 11(b), including a certification that the claim or the relief sought is neither frivolous nor brought for an improper purpose. The arbitrator is authorized to impose any sanctions available under that rule, the AAA Rules, or applicable federal or state law against all appropriate represented parties and counsel. The arbitrator may consider rulings in arbitrations involving other customers, but an arbitrator’s ruling is not binding in proceedings involving other customers. Except as provided in subsection (8) below, the arbitrator shall apply the same substantive law that a court would apply and can award the same individualized remedies (including punitive and statutory damages and statutory attorney’s fees and costs) that a court could award under applicable law. Unless you and we agree otherwise, any arbitration hearings will take place in the county of your address on file with your account. The arbitrator may also conduct hearings by telephone or videoconference or issue rulings on the basis of motions. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
6. Minimum Recovery: During the arbitration, the amount of any settlement offer shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you are entitled. If you are the claimant, you had complied with this subsection and subsections (3) and (4), and the arbitrator awards you an amount of money that exceeds the value of our last written settlement to you before the appointment of the arbitrator, then we will pay you $1,000 in lieu of any smaller award (the “Minimum Recovery”). In determining whether you are entitled to the Minimum Recovery, the arbitrator shall not consider amounts offered or awarded for attorneys' fees or costs. Any disputes as to recovery of the Minimum Recovery shall
be resolved by the arbitrator, and must be raised within 14 days of the arbitrator's ruling on the merits.
7.Arbitration Fees: Except as provided in subsection (9) below, we will pay all AAA filing, administration, case-management, hearing, and arbitrator fees (“AAA Fees”) if we initiate an arbitration, and the AAA Rules will govern the allocation of AAA Fees if you initiate an arbitration. But if your claims are valued at $10,000 or less, we will pay all AAA Fees (and reimburse you for any AAA Fees you paid), so long as you have fully complied with the requirements of subsections (3) and (4). If, however, the arbitrator finds that you violated the standards set forth in Federal Rule of Civil Procedure 11(b), then the payment of all AAA Fees will be governed by the AAA Rules. In such case, you agree to reimburse us for all monies previously disbursed that are otherwise your obligation to pay under the AAA Rules.
8.Requirement of Individual Arbitration: The arbitrator may award relief (including monetary, declaratory, or injunctive relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate the claims of more than one person (except for the claims of co- or joint account owners pertaining to that account), and may not otherwise preside over any form of a representative, class, or private attorney general proceeding. If, after exhaustion of all appeals, any of the prohibitions in this subsection are found to be unenforceable with respect to a particular claim or with respect to a particular request for relief (such as a request for injunctive relief), then that claim or request for relief shall be severed and decided by a court after all other claims and requests for relief are arbitrated.
9.Procedures for Complex Disputes: If you are a business and the relief sought by either you or us in an arbitration exceeds $75,000 in value (not counting amounts sought for punitive or treble damages or for attorneys’ fees or costs), then the AAA’s Commercial Arbitration Rules rather than the Consumer Arbitration Rules shall apply, and the Commercial Rules will govern the allocation of AAA Fees instead of subsection (7). If you are a consumer and the relief sought by either you or us in an arbitration exceeds $1,000,000 in value (not counting amounts sought for punitive, treble, or emotional harm damages or for attorneys’ fees or costs), then the same switch to the Commercial Arbitration Rules shall apply if both you and we agree. In addition, in such cases, regardless of whether you are a business or consumer customer, either party may appeal the final award to a three-arbitrator panel pursuant to the AAA’s Optional Appellate Rules by providing written notice within 30 days of the award. The appellant shall pay all fees and costs for the appeal unless the panel determines that the appellant is the prevailing party, in which case the panel shall have the discretion in its final award to reallocate the fees and costs as justice or otherwise applicable law requires. If there is a cross-appeal, the costs shall be borne equally by both sides, subject to reallocation by the panel in its final award as justice or otherwise applicable law requires.
10.Future Changes to Arbitration Provision: Notwithstanding any provision in this agreement to the contrary, you and we agree that if we make any future change to this arbitration provision (other than a change to the Notice Address), you may reject that change by sending us written notice, personally signed by you, within 30 days of the first notice of the change to the Notice Address provided above. By rejecting that future change, you are agreeing that you will arbitrate any dispute or claim between you and us in accordance with the language of this provision, as amended by any changes that you did not timely reject.
11.Right to Reject Arbitration Provision: If you do not wish to arbitrate, you may reject this arbitration provision by sending a rejection notice to the Notice Address above (“Rejection Notice”). To be valid, a Rejection Notice must: (a) include your name, account number(s), and a statement personally signed by you that you are rejecting the arbitration provision in this agreement; and (b) be received by us within 30 days after the opening of your account. If an arbitration provision has been added for the first time to the agreement for an existing account, your Rejection Notice must be postmarked on or before the effective date of that amendment to that agreement. If your Rejection Notice complies with these requirements, this arbitration provision will not apply to you with respect to any claims that you or we commence in litigation or arbitration after we receive your Rejection Notice. Rejecting this arbitration provision will not affect your other rights or responsibilities under this agreement. Nor will it affect any other arbitration agreements between you and us, such as arbitration provisions in other contracts between you and us.
12.Military Lending Act: If you are a covered member of the armed forces or the dependent of a covered member within the meaning of the Military Lending Act and your agreement with us involves an extension of consumer credit under that Act, then you are not required to arbitrate disputes.
YOURABILITY TO WITHDRAW FUNDS
The following policy applies to all demand deposit accounts (checking accounts). It does not apply to money market accounts or savings accounts. Our policy is to make funds from your check deposits available to you on the second business day after the day we receive your deposit, with the first $225 (until July 1, 2025) or $275 (effective July 1, 2025) available on the first business day after the day of your deposit. Electronic direct deposits will be available on the day we receive the deposit. Cash, wire transfers, and some specified check deposits will also be available before the second business day, as detailed below. Once the funds are available, you can withdraw them in cash and we will use the funds to pay checks that you have written.
Please remember that even after we have made funds available to you, and you have withdrawn the funds, you are still responsible for checks you deposit that are returned to us unpaid and for any other problems involving your deposit.
For determining the availability of your deposits, every day is a business day, except Saturdays, Sundays, and federal holidays. If you make a deposit before closing on a business day that we are open, we will consider that day to be the day of your deposit. However, if you make a deposit after closing, or on a day we are not open, we will consider that the deposit was made on the next business day we are open.
If you make a deposit at a Wilson Bank & Trust ATM, the cut-off time is 3:00 p.m. CT (4:00 p.m. ET) (cutoff times may be later on some days or at some locations), on a business day that we are open and we will consider that day to be the day of your deposit. However, if you make a deposit at a Wilson Bank & Trust ATM after 3:00 p.m. CT (4:00 p.m. ET), or on a day we are not open, we will consider the deposit as made on the next business day we are open.
Same-Day Availability
Funds from electronic direct deposits to your account will be available on the day we receive the deposit.
Next-Day Availability
Funds from the following deposits are available on the first business day after the day of your deposit:
U.S. Treasury checks that are payable to you. Wire transfers.
Checks drawn on Wilson Bank and Trust
If you make the deposit in person to one of our employees, funds from the following deposits are also available on the first business day after the day of your deposit:
Cash.
State and local government checks that are payable to you.
Cashier’s, certified, and teller’s checks that are payable to you.
Federal Reserve Bank checks, Federal Home Loan Bank checks, and postal money orders, if these items are payable to you.
If you do not make your deposit in person to one of our employees (for example, if you mail the deposit), funds from these deposits will be available on the second business day after the day we receive your deposit.
Other Check Deposits Subject to Second-Day Availability
The first $225 (until July 1, 2025) or $275 (effective July 1, 2025) from a deposit of other checks will be available on the first business day after the day of your deposit. The remaining funds will be available on the second business day after the day of your deposit.
For example, if you deposit a check of $700 on a Monday, $225 (until July 1, 2025) or $275 (effective July 1, 2025) of the deposit is available on Tuesday. The remaining $475 (until July 1, 2025) or $425 (effective July 1, 2025) is available on Wednesday
LONGER DELAYS MAY APPLY
If we are not going to make all of the funds from your deposit available according to the preceding schedule, we will notify you at the time you make your deposit. We will also tell you when the funds will be available. If your deposit is not made directly to one of our employees, or if we decide to take this action after you have left the premises, we will mail you the notice by the day after we receive your deposit.
If you will need the funds from a deposit right away, you should ask us when the funds will be available.
Safeguard exceptions. In addition, funds you deposit by check may be delayed for a longer period under the following circumstances:
We believe a check you deposit will not be paid.
You deposit checks totaling more than $5,525 (until July 1, 2025) or $6,725 (effective July 1, 2025) on any one day.
You redeposit a check that has been returned unpaid.
You have overdrawn your account repeatedly in the last six months.
There is an emergency, such as failure of computer or communications equipment.
We will notify you if we delay your ability to withdraw funds for any of these reasons, and we will tell you when the funds will be available. They will generally be available no later than theseventh business day after the day of your deposit.
SPECIAL RULES FOR NEW ACCOUNTS
If you are a new customer, the following special rules will apply during the first 30 days your account is open.
Funds from electronic direct deposits to your account will be available on the day we receive the deposit. Funds from deposits of cash, wire transfers, and the first $5,525 (until July 1, 2025) or $6,725 (effective July 1, 2025) of a day’s total deposits of cashier’s, certified, teller’s, traveler’s, and federal, state and local government checks will be available on the first business day after the day of your deposit if the deposit meets certain conditions. For example, the checks must be payable to you (and you may have to use a special deposit slip). The excess over $5,525 (until July 1, 2025) or $6,725 (effective July 1, 2025) will be available on the seventh business day after the day of your deposit. If your deposit of these checks (other than a U.S. Treasury check) is not made in person to one of our employees, the first $5,525 (until July 1, 2025) or $6,725 (effective July 1, 2025) will not be available until the second business day after the day of your deposit.
Funds from all other check deposits will be available on the seventh business day after the day of your deposit.
DEPOSITS AT AUTOMATED TELLER MACHINES
Funds from any deposits (cash or checks) made at automated teller machines (ATMs) we own or operate will be available on the second business day after the day of deposit, except that U.S. Treasury checks that are payable to you will be available on the first business day after the day of deposit. Also, the first $225 (until July 1, 2025) or $275 (effective July 1, 2025) of a deposit will be available on the first business day after the day of deposit. Checks drawn on Wilson Bank and Trust will be available on the first business day after the day of deposit if the deposit is made at an ATM located on our premises.

